October 25, 2004

Dennis P. O’Dowd, Acting Adminstrator

Radiological Health Section

Division of Public Health Services

Department of Health and Human Services 

29 Hazen Drive

Concord, NH 03301-6504

Dear Mr. O’Dowd:

We have reviewed the changes to New Hampshire Radioactive Materials License No. 439R,

received by our office in a letter dated September 27, 2004 and issued to Quality Assurance

Laboratories, Inc. In addition, we have also reviewed the proposed changes to New

Hampshire regulations, Chapter He-P 4039 in your second letter dated September 27, 2004. 

Our review and comments are in response to the State’s request for Nuclear Regulatory

Commission (NRC) evaluation of the license conditions in New Hampshire Radioactive

Materials License No. 439R and proposed regulations in Chapter He-P 4039 that incorporated

the two amendments identified on the States Regulation Status Data Sheet (SRS). These

regulations were reviewed by comparison to the equivalent NRC rules in 10 CFR Parts 34, 36

and 39. We discussed our review of the license conditions with you on October 4, 2004.

As a result of our review, we have no comments. 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 the regulations in He-P 4039 are adopted without

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. Regarding

the changes to New Hampshire Radioactive Materials License No. 439, since those

regulations that are incorporated by license condition into an active license, we have

concluded they would meet the compatibility and health and safety categories established in

the Office of State and Tribal Programs (STP) Procedure SA-200 and no further

correspondence on this matter is needed. 

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

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.hrsd.ornl.gov/nrc/rulemaking.htm. 
Dennis O’Dowd -2- October 25, 2004

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 Duncan

White at 610-337-5042 or by e-mail at adw@nrc.gov.

Sincerely,

\RA BY K.N.SCHNEIDER FOR\

Josephine Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
Dennis O’Dowd -2- October 25, 2004

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 Duncan

White at 610-337-5042 or by e-mail at adw@nrc.gov.

Sincerely,

\RA BY K.N.SCHNEIDER FOR\

Josephine Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated

DISTRIBUTION:

DIR RF4-275 DCD (SP05) PDR(YesT) BUsilton

KHsueh New Hampshire File RESPONSE TO INCOMING DOCUMENTS: ML042720491,

ML042660535, ML042520322 

DOCUMENT NAME: E:\Filenet\ML043010014.wpd

To receive a copy of this document, indicate in the box: “C” = Copy w/o attach/encl “E” = Copy w/ attach/encl “N” = No copy

OFFICE DNMS/RI N STP OGC STP:DD

NAME DWhite JZabko STreby KNS for JMPiccone

DATE 10/04/2004* 10/12/2004* 10/21/04* 10/25/04*

ML043010014 OFFICIAL RECORD COPY
STATE REGULATION STATUS

State: New Hampshire[Two amendments reviewed are identified Tracking Ticket Nby a i at the beginning of each equivalent NRC regulation] Date: October 25

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 F 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 F 

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 F Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1 F 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

F

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

Condition 

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) 1994-3Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for MedicalUse-Parts 30, 32, 35

59 FR 61767; 59 FR 6524360 FR 322; (1/1/98)

1995-1 F 

Frequency of Medical Examinations for Use of Respiratory Protection Equipment-Part 20 60 FR 7900; (3/13/98) 1995-2 F Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983

(3/1/98)

1995-3 F 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 F Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 FClarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 FMedical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 F 10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28723

(4/1/99)

1996-1 F 

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

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

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

Criteria for the Release of Individuals Administered Radioactive Material-Parts 20, 35 62 FR 4120; (5/29/00) 1997-3Fissile 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 28948; (6/27/00) 1997-5 F 

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39058; (8/20/00) 1997-6Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 F Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 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 

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

63 FR 37059; (7/9/01) 1998-4
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

Minor Corrections, Clarifying Changes, and a Minor Policy Change-Parts 20, 35, 36 63 FR 39477; 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) 1998-6Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1Requirements for Those Who Possess Certain Industrial Devices Containing ByproductMaterial to 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 55525

(2/2/03)

1999-3

*Energy Compensation Sources for Well Logging and Other Regulatory ClarificationsPart 39 65 FR 20337; (5/17/03) 2000-1 FML042720

ML042660ML042520

*New Dosimetry Technology-Parts 34, 36, 39 65 FR 63749; (1/8/04) 2000-2 F (Licens

ConditionML042720ML042660ML042520

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

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

Revision of the Skin Dose Limit-Part 20 67 FR 16298; (4/5/04) 2002-1Medical Use of Byproduct Material-Parts 20, 32 and 35 67 FR 20249; (10/24/05 2002-2Financial Assurance for Materials Licensees - Parts 30, 40 and 70 68 FR 57327; (12/3/06) 2003-1Compatibility With IAEA Transportation Safety Standards and Other TransportationSafety Amendments - Part 71

2004-1

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