September 2, 2004

Ms. Beverly O. Hall, Acting Director

Division of Radiation Protection

Department of Environment and Natural Resources 

3825 Barrett Drive

Raleigh, NC 27609-7221

Dear Ms. Hall:

We have reviewed the North Carolina Administrative Code, Chapter 11 (15A NCAC 11),

Radiation Protection Regulations, to credit the State with meeting the requirements for the

Manifesting amendment, RATS ID # 1998-6, identified on the States Regulation Status Data

Sheet (SRS). This review was performed to close an item identified during the State’s recent

Integrated Materials Performance Evaluation Program (IMPEP) evaluation review. These

regulations were reviewed by comparison to the equivalent NRC rules in 10 CFR Parts 20 and

the requirements of the one amendment identified in the enclosed SRS. We discussed our

review of the regulations with Robin Haden on August 19, 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. We have determined that the

regulations, as adopted, meet the compatibility and health and safety categories established

in the Office of State and Tribal Programs (STP) Procedure SA-200.

The SRS Data Sheet summarizes our knowledge of other North Carolina regulations. 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.orni.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 John Zabko (301)415-2308 or JGZ@NRC.GOV.

 Sincerely,

\RA By KNSchneider for\

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosure: 

As stated
September 2, 2004

Ms. Beverly O. Hall, Acting Director

Division of Radiation Protection

Department of Environment and Natural Resources 

3825 Barrett Drive

Raleigh, NC 27609-7221

Dear Ms. Hall:

We have reviewed the North Carolina Administrative Code, Chapter 11 (15A NCAC 11),

Radiation Protection Regulations, to credit the State with meeting the requirements for the

Manifesting amendment, RATS ID # 1998-6, identified on the States Regulation Status Data

Sheet (SRS). This review was performed to close an item identified during the State’s recent

Integrated Materials Performance Evaluation Program (IMPEP) evaluation. These regulations

were reviewed by comparison to the equivalent NRC rules in 10 CFR Parts 20 and the

requirements of the one amendment identified in the enclosed SRS. We discussed our

review of the regulations with Robin Haden on August 19, 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. We have determined that the

regulations, as adopted, meet the compatibility and health and safety categories established

in the Office of State and Tribal Programs (STP) Procedure SA-200.

The SRS Data Sheet summarizes our knowledge of other North Carolina regulations. 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.orni.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 John Zabko (301)415-2308 or JGZ@NRC.GOV.

 Sincerely,

\RA By KNSchneider for\

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosure: As stated

Distribution:

DIR RF [4-217] DCD (SP07) PDR (YES_)

J Myers, ASPO North Carolina File Response to Incoming Document: ML042320535

DOCUMENT NAME: C:\ORPCheckout\FileNET\ML042460091.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:DD

NAME JZabko STreby JNSchneider for JMPiccone

DATE 8/19/04* 8/31/04* 9/2 /04**

ML042460091 OFFICIAL RECORD COPY
STATE REGULATION STATUS

State: NORTH CAROLINA [One amendment reviewed are identified by a  Trackinat the beginning of each equivalent NRC regulation.] Date: 0

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 Definition of Land Disposal and Waste Site QA Program-Part 61 58 FR 33886; (7/22/96) 1993-3 F Self-Guarantee as an Additional Financial Mechanism-Parts 30, 40, 70 58 FR 68726; 59 FR 1618

(none)

1994-1 F 

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 F Preparation, 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 28324; (6/30/98) 1995-4 F Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 F Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 F Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 F 10 CAR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28724

(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 F 

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

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

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

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6 F Exempt 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, 150 63 FR 1890; 63 FR 13773

(2/12/01)

1998-1 P

ML020990

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 IndustrialRadiographic 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 

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 Number

Minor Corrections, Clarifying Changes, and a Minor Policy Change-Parts 20, 35, 36 63 FR 39477; 63 FR 45393

(10/26/01)

1998-5 P

ML020990

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

M0423205

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 2/18/0

ML040560

Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part 39 65 FR 20337; (5/17/03) 2000-1 P 2/18/0

ML040560

New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2 P 2/18/0

ML040560

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

65 FR 79162; (2/16/04) 2001-1 P 2/18/0

ML040560

Revision of the Skin Dose Limit-Part 20 67 FR 16298; 4/5/05 2002-1Medical Use of Byproduct Material-Parts 20, 32, and 35 67 FR 20249; 4/24/05 2002-2Financial Assurance for Materials Licensees 

– Parts 30, 40, 70 68 FR 57327 12/3/06 2003-1