DATED: SEPTEMBER 21, 1999 SIGNED BY: FREDERICK C. COMBS 

Mr. Robert M. Hallisey, Director 

Radiation Control Program 

Department of Public Health 

174 Portland Street, 5th Floor 

Boston, MA 02114 

Dear Mr. Hallisey: 

We have reviewed the final Massachusetts regulations which became effective on July 9, 1999. 

The regulations are contained in Chapter 105, Section 120.001, General Provisions; Section 

120.100, Licensing of Radioactive Material; Section 120.200, Standards for Protection Against 

Radiation; Section 120.300, Radiation Safety Requirements for Industrial Radiographic 

Operations; Section 120.500, Use of Radionuclides in the Healing Arts; and Section 120.770, 

Transportation of Radioactive Material. The request is based on Phillip Allen’s e-mail dated 

August 5, 1999. The final regulations are in response to the eight amendments identified in the 

enclosed Regulation Assessment Tracking System (RATS) Data Sheet. The regulations were 

reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts 19, 20, 30, 32, 34, 35 

and 71. In addition, we reviewed the regulations to determine that our previous oral comments 

made at the periodic meeting of March 21, 1997, on your proposed regulations were incorporated 

into the final regulations. We also discussed our review of the final regulations with Salifu Dakabu 

on August 26, 1999. 

As a result of the NRC review, we have determined that the Massachusetts regulations, as 

adopted, meet the compatibility and health and safety categories established in OSP Procedure 

SA-200. We have also summarized on the RATS Data Sheet our knowledge of the status of other 

Massachusetts regulations. Please let us know if you note any inaccuracies or have any 

comments on the information contained in the RATS Data Sheet. 

If you have any questions regarding the comment, the compatibility criteria, or any of the NRC 

regulations used in the review, please contact me or Duncan White at (610) 337-5042 or 

ADW@NRC.GOV. 

Sincerely, 

Frederick C. Combs, Deputy Director 

Office of State Programs 

Enclosure: 

As stated 
Mr. Robert M. Halisey, Director 

Radiation Control Program 

Department of Public Health 

174 Portland Street, 5th Floor 

Boston, MA 02114 

Dear Mr. Hallisey: 

We have reviewed the final Massachusetts regulations which became effective on July 9, 1999. 

The regulations are contained in Chapter 105, Section 120.001, General Provisions; Section 

120.100, Licensing of Radioactive Material; Section 120.200, Standards for Protection Against 

Radiation; Section 120.300, Radiation Safety Requirements for Industrial Radiographic 

Operations; Section 120.500, Use of Radionuclides in the Healing Arts; and Section 120.770, 

Transportation of Radioactive Material. The request is based on Phillip Allen’s e-mail dated 

August 5, 1999. The final regulations are in response to the eight amendments identified in the 

enclosed Regulation Assessment Tracking System (RATS) Data Sheet. The regulations were 

reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts 19, 20, 30, 32, 34, 35 

and 71. In addition, we reviewed the regulations to determine that our previous oral comments 

made at the periodic meeting of March 21, 1997, on your proposed regulations were incorporated 

into the final regulations. We also discussed our review of the final regulations with Salifu Dakabu 

on August 26, 1999. 

As a result of the NRC review, we have determined that the Massachusetts regulations, as 

adopted, meet the compatibility and health and safety categories established in OSP Procedure 

SA-200. We have also summarized on the RATS Data Sheet our knowledge of the status of other 

Massachusetts regulations. Please let us know if you note any inaccuracies or have any 

comments on the information contained in the RATS Data Sheet. 

If you have any questions regarding the comment, the compatibility criteria, or any of the NRC 

regulations used in the review, please contact me or Duncan White at (610) 337-5042 or 

ADW@NRC.GOV. 

Sincerely, 

Frederick C. Combs, Deputy Director 

Office of State Programs 

Enclosure: 

As stated 

Distribution: 

DIR RF(9-169) DCD (SP05) 

SDroggitis PDR (Yes) 

BUsilton 

Massachusetts File 

DOCUMENT NAME: I:\Regs\MA 9-21-99.wpd 

*See previous concurrence 

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 RSAO:RI E OSP OGC OSP:DD 

NAME ADWhite SNSalomon:gd STreby FCombs 

DATE 09/02/99* 09/14/99* 09/17/99* 09/14/* 09/ /99 

OSP FILE CODE: SP-AG-30
REGULATION ASSESSMENT TRACKING SYSTEM 

RATS DATA SHEET 

State: Massachusetts Tracking Ticket Number: 9-169 

[8 final amendments (7/9/99) identified by i] Date: September 21, 1999 

NRC Chronology Identification FR Notice 

(State Due 

Date) 

RATS ID Proposed/ 

FinalComment 

(Y/N) 

NRC 

Review 

Date 

Final State 

Regulation 

(Effective 

Date) 

Standards for Protection Against RadiationPart 20 56 FR 23360 

plus others 

(1/1/94) 

1991-3 F-N 3/3/97 3/21/97 

Safety Requirements for Radiographic 

Equipment-Part 34 

55 FR 843 

(1/10/94) 

1991-1 F-N 3/3/97 3/21/97 

ASNT Certification of Radiographers-Part 34 56 FR 11504 

(none) 

1991-2 Not 

Required 

Notification of Incidents-Parts 20, 30, 31, 34, 

39, 40, 70 

56 FR 64980 

(10/15/94) 

1991-4 F-N 3/3/97 3/21/97 

Quality Management Program and 

Misadministrations-Part 35 

56 FR 34104 

(1/27/95) 

1992-1 F-N 3/3/97 3/21/97 

Eliminating the Recordkeeping Requirements 

for Departures from Manufacturer's 

Instructions-Parts 30,35 

57 FR 45566 

(none) 

1992-2 Not required 

Licensing and Radiation Safety Requirements 

for Irradiators-Part 36 

58 FR 7715 

(7/1/96) 

1993-2 F-N 3/3/97 3/21/97 

Definition of Land Disposal and Waste Site QA 

Program-Part 61 

58 FR 33886 

(7/22/96) 

1993-3 F-N 3/3/97 3/21/97 

Decommissioning Recordkeeping and License 

Termination: Documentation Additions 

[Restricted areas and spill sites]-Parts 30, 40 

58 FR 39628 

(10/25/96) 

1993-1 F-N 3/3/97 3/21/97 

Self-Guarantee as an Additional Financial 

Mechanism- Parts 30, 40, 70 

58 FR 68726 

59 FR 1618 

(none) 

1994-1 F-N 3/3/97 3/21/97 

Uranium Mill Tailings Regulations: Conforming 

NRC Requirements to EPA Standards-Part 40 

59 FR 28220 

(7/1/97) 

1994-2 Not 

applicable 

Timeliness in Decommissioning Material 

Facilities-Parts 30, 40, 70 

59 FR 36026 

(8/15/97) 

1994-3 

i 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 

(1/1/98) 

1995-1 F-N 9/21/99 7/9/99 

Frequency of Medical Examinations for Use of 

Respiratory Protection Equipment-Part 20 

60 FR 7900 

(3/13/98) 

1995-2 

Low-Level Waste Shipment Manifest 

Information and Reporting-Parts 20, 61 

60 FR 15649 

60 FR 25983 

(3/1/98) 

1995-3 
NRC Chronology Identification FR Notice 

(State Due 

Date) 

RATS ID Proposed/ 

FinalComment 

(Y/N) 

NRC 

Review 

Date 

Final State 

Regulation 

(Effective 

Date) 

Performance Requirements for Radiography 

Equipment- Part 34 

60 FR 28323 

(6/30/98) 

1995-4 superceded by 

RATS ID 

1997-5 

Radiation Protection Requirements: Amended 

Definitions and Criteria-Parts 19, 20 

60 FR 36038 

(8/14/98) 

1995-5 

Clarification of Decommissioning Funding 

Requirements-Parts 30, 40, 70 

60 FR 38235 

(11/24/98) 

1995-6 

i Medical Administration of Radiation and 

Radioactive Materials-Parts 20, 35 

60 FR 48623 

(10/20/98) 

1995-7 F-N 9/21/99 7/9/99 

i 10 CFR Part 71: Compatibility with the 

International Atomic Energy Agency-Part 71 

60 FR 50248 

61 FR 28724 

(4/1/99) 

1996-1 F-N 9/21/99 7/9/99 

One Time Extension of Certain Byproduct, 

Source and Special Nuclear Materials 

Licenses-Parts 30, 40, 70 

61 FR 1109 

(none) 

1996-2 Not required 

i Termination or Transfer of Licensed 

Activities: Recordkeeping Requirements-Parts 

20, 30, 40, 61, 70 

61 FR 24669 

(6/17/99) 

1996-3 F-N 9/21/99 7/9/99 

i Resolution of Dual Regulation of Airborne 

Effluents of Radioactive Materials; Clean Air 

Act-Part 20 

61 FR 65119 

(1/9/00) 

1997-1 F-N 9/21/99 7/9/99 

Fissile Material Shipments and ExemptionsPart 71 62 FR 5907 

(none) 

1997-4 Not required 

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 

i Criteria for the Release of Individuals 

Administered Radioactive Material-Parts 20, 35 

62 FR 4120 

(5/29/00) 

1997-3 F-N 9/21/99 7/9/99 

i 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 F-N 9/21/99 7/9/99 

Radiological Criteria for License TerminationParts 20, 30, 40, 70 62 FR 39057 

(8/20/00) 

1997-6 

i Exempt Distribution of a Radioactive Drug 

Containing One Microcurie of Carbon-14 

Urea-Part 30 

62 FR 63634 

(1/02/01) 

1997-7 F-N 9/21/99 7/9/99 

Deliberate Misconduct by Unlicensed PersonsParts 30, 40, 61, 70, 150 63 FR 1890 

63 FR 13773 

(2/12/01) 

1998-1 

Self-Guarantee of Decommissioning Funding 

by Nonprofit and Non-Bond-Issuing LicenseesParts 30, 40, 70 

63 FR 29535 

(none) 

1998-2 Not required 
NRC Chronology Identification FR Notice 

(State Due 

Date) 

RATS ID Proposed/ 

FinalComment 

(Y/N) 

NRC 

Review 

Date 

Final State 

Regulation 

(Effective 

Date) 

License Term for Medical Use LicensesPart 35 63 FR 31604 

(none) 

1998-3 Not required 

Licenses for Industrial Radiography and 

Radiation Safety Requirements for Industrial 

Radiographic Operations-Part 34 

63 FR 37059 

(7/9/01) 

1998-4 

Minor Corrections, Clarifying Changes, and a 

Minor Policy Change-Parts 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 

Radiological Criteria for License Termination 

of Uranium Recovery Facilities-Part 40 

64 FR 17506 

(6/11/02) 

1999-1 Not 

applicable