March 5, 2003

Ms. Linda Bruemmer, Manager

Section of Asbestos, Indoor Air, Lead, and Radiation

Division of Environmental Health 

121 E. Seventh Place, Suite 220

St. Paul, Minnesota 55101

Dear Ms. Bruemmer:

As requested, we have reviewed the proposed changes to Chapter 4731 of the Minnesota

Regulations, enclosed in your letter dated January 23, 2003. Each regulatory change listed in

your letter was reviewed against the equivalent NRC regulations in 10 CFR Parts 20, 30, 31,

34, 35, 39, 61 and 150. We discussed our review of the regulations with Susan McClanahan

and Tim Donakowski on March 4, 2003.

As a result of our review, we have three 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 a State regulation meets the

compatibility and health and safety categories of the equivalent NRC regulation may only be

made based on a review of the final State regulation. However, we have determined that if your

proposed regulations were adopted incorporating the 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 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 STP

Procedure SA-201, Review of State Regulations (November 10, 1998), please highlight the final

changes and send one copy to STP.

The SRS Data Sheet attached summarizes our knowledge of the status of the required

amendments to the Minnesota regulations. With this regulation submission, you have submitted

proposed regulations for all required amendments up to, and including RATS ID# 2002-2. Please

note that you will be required to adopt, and submit for review, rules covering any new amendments

to the Code of Federal Regulations (CFR) Chapter 10 that are a matter of compatibility, from this

date forward. 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 Web Site: http//www.hsrd.ornl.gov/nrc/rulemaking.htm.

If you have any questions regarding the comments, the compatibility and health categories, or any

of the NRC regulations used in the review, please contact me or John Zabko at (301) 415-2308 or

JGZ@NRC.GOV.

Sincerely,

/RA For JMPiccone/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures:

As stated
March 5, 2003

Ms. Linda Bruemmer, Manager

Section of Asbestos, Indoor Air, Lead, and Radiation

Division of Environmental Health 

121 E. Seventh Place, Suite 220

St. Paul, Minnesota 55101

Dear Ms. Bruemmer

As requested, we have reviewed the proposed changes to Chapter 4731 of the Minnesota

Regulations, enclosed in your letter dated January 23, 2003. Each regulatory change listed in

your letter was reviewed against the equivalent NRC regulations in 10 CFR Parts 20, 30, 31, 34,

35, 39, 61 and 150. We discussed our review of the regulations with Susan McClanahan and Tim

Donakowski on March 4, 2003.

As a result of our review, we have three 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 a State regulation meets the compatibility

and health and safety categories of the equivalent NRC regulation may only be made based on a

review of the final State regulation. However, we have determined that if your proposed

regulations were adopted incorporating the 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 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 STP

Procedure SA-201, Review of State Regulations (November 10, 1998), please highlight the final

changes and send one copy to STP.

The SRS Data Sheet attached summarizes our knowledge of the status of the required

amendments to the Minnesota regulations. With this regulation submission, you have submitted

proposed regulations for all required amendments up to, and including RATS ID# 2002-2. Please

note that you will be required to adopt, and submit for review, rules covering any new amendments

to the Code of Federal Regulations (CFR) Chapter 10 that are a matter of compatibility, from this

date forward. 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 Web Site: http//www.hsrd.ornl.gov/nrc/rulemaking.htm.

If you have any questions regarding the comments, the compatibility and health categories, or any

of the NRC regulations used in the review, please contact me or John Zabko at (301) 415-2308 or

JGZ@NRC.GOV.

Sincerely,

/RA For JMPiccone/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Distribution:

DIR RF (3-30) DCD (SP07) PDR (YES)

CMaupin, ASPO Minnesota File Response to Incoming Document: ML030300196

DOCUMENT NAME:C:\ORPCheckout\FileNET\ML030650234.wpd

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 STP OGC STP

NAME JZabko STreby JPiccone

DATE 2/03/03* 2/27/03* 3/05/03*

 ML030650234 OFFICIAL RECORD COPY
COMMENTS ON PROPOSED MINNESOTA REGULATIONS

AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES

State

Regulation

NRC

Regulation

Category Subject and Comments

4731.0502

4731.0130

subpart 3

34.47

39.65 (a)

36.55

C Personnel Monitoring

The State did not change the required TLD/Film Badge replacement periods

suggested by the NRC. This time period is a matter of compatibility, the State’s

regulations cannot be less restrictive than the NRC rules. In addition, the State

cannot rely on the TLD processor to set the replacement period frequency, as

they may not have the same goals for TLD replacement as the intent of the

dosimetry processing requirements in the NRC rules. 

The State needs to set the same dosimetry replacement period requirement as in

34.47(a)(3). 34.47 (a) (3) states “Film Badges to be replaced at periods not to

exceed one month and other personnel dosimeters replaced not to exceed three

months.” These dosimetry requirements also appear in 39.65(a) and 36.55.

4731.0316

subpart 4 (B)

150.20 (a) C Recognition of Agreement State Licenses

The State does not include areas of exclusive Federal jurisdiction in 

Paragraph B.

 The State needs to add the phrase “in areas of exclusive Federal jurisdiction to

the end of paragraph B. “.....or the NRC in areas of exclusive Federal

jurisdiction.”

4731.0812

Subpart 4

39.53 C Energy Compensation Source

1110 MBq (30 Ci) should be 1110 GBq. 30 Ci = 1110 GBq This error occurs in

10 CFR 39.53 and is the probable source of this error in the State regulations. 

The NRC will correct the error and submit a change to the CFR. 

 It is suggested that the State correct this error in its regulations. 
1

STATE REGULATION STATUS

State: MinnesotaAll amendments reviewed Tracking 

Date: Ma

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 P

ML030300

ASNT Certification of Radiographers-Part 34 56 FR 11504; (none) 1991-2 

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; (1/1/94)

1991-3 P

ML030300

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 P

ML030300

Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1 P

ML030300

Eliminating the Recordkeeping Requirements for Departures from Manufacturer’s InstructionsParts 30,35 57 FR 45566; (none) 1992-2 

Decommissioning Recordkeeping and License Termination: Documentation Additions[Restricted areas and spill sites]-Parts 30, 40 

58 FR 39628; (10/25/96) 1993-1 P

ML030300

Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 P

ML030300

Definition of Land Disposal and Waste Site QA Program-Part 61 58 FR 33886; (7/22/96) 1993-3 

Self-Guarantee as an Additional Financial Mechanism-Parts 30, 40, 70 58 FR 68726; 59 FR 1618;

(none)

1994-1 

Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPA Standards-Part 40 59 FR 28220; (7/1/97) 1994-2 Timeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3 P

ML030300

Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for MedicalUse-Parts 30, 32, 35

59 FR 61767; 59 FR 65243;60 FR 322; (1/1/98)

1995-1 P

ML030300

Frequency of Medical Examinations for Use of Respiratory Protection Equipment-Part 20 60 FR 7900; (3/13/98) 1995-2 P

ML030300
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

2

Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983;

(3/1/98)

1995-3 P

ML030300

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 P

ML030300

Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 P

ML030300

Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 P

ML030300

Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 P

ML030300

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

ML030300

One Time Extension of Certain Byproduct, Source and Special Nuclear Materials LicensesParts 30, 40, 70 61 FR 1109; (none) 1996-2 

Termination or Transfer of Licensed Activities: Recordkeeping Requirements-Parts 20, 30, 40,61, 70

61 FR 24669; (6/17/99) 1996-3 P

ML030300

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air ActPart 20 61 FR 65120; (1/9/00) 1997-1 PML030300Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Withinan Agreement State-Part 150

62 FR 1662; (2/27/00) 1997-2 P

ML030300

Criteria for the Release of Individuals Administered Radioactive Material-Parts 20, 35 62 FR 4120; (5/29/00) 1997-3 P

ML030300

Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4 

Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiography Operations-Parts 30, 34, 71, 150

62 FR 28947; (6/27/00) 1997-5 P

ML030300

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6 P

ML030300

Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 PML030300Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773;

(2/12/01)

1998-1 P

ML030300

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing LicenseesParts 30, 40, 70 63 FR 29535; (none) 1998-2 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

3

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 

Adequacy and Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p

1995.

5. ADAMS ML Number6. The Minnesota proposed final regulations were submitted and reviewed on this date as part of their Agreement State applicati

License Term for Medical Use Licenses-Part 35 63 FR 31604; (none) 1998-3 Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiographic Operations-Part 34

63 FR 37059; (7/9/01) 1998-4 P

ML030300

 Minor Corrections, Clarifying Changes, and a Minor Policy Change-Parts 20 63 FR 39477; 63 FR 45393;

(10/26/01)

1998-5 P

ML030300

Transfer for Disposal and Manifests: Minor Technical Conforming Amendment-Part 20 63 FR 50127; (11/20/01) 1998-6 P

ML030300

Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1 

Requirements for Those Who Possess Certain Industrial Devices Containing Byproduct Materialto Provide Requested Information-Part 31

64 FR 42269; (none) 1999-2 

Respiratory Protection and Controls to Restrict Internal Exposure-Part 20 64 FR 54543; 64 FR 55524;

(2/2/03)

1999-3 P

ML030300

Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part 39 65 FR 20337; (5/17/03) 2000-1 P

ML030300

New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2 P

ML030300

Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct Material -Parts 30, 31, 32

65 FR 79162; (2/16/04) 2001-1 P

ML030300

Revision of the Skin Dose Limit-Part 20 67 FR 16298 (4/5/05) 2002-1 P

ML030300

Medical Use of Byproduct Material-Parts 20, 32, and 35 67 FR 20249 (10/24/05) 2002-2 P

ML030300
4