May 13, 2005

Dennis P. O’Dowd

Acting Adminstrator

Radiological Health Section

Department of Health and Human Services 

Division of Public Health Services

29 Hazen Drive

Concord, NH 03301-6504

Dear Mr. O’Dowd:

We have reviewed the proposed changes to the New Hampshire Rules for the Control of

Radiation, Administrative Code He-P 4000, received by our office on March 30, 2005. These

regulations were reviewed by comparison to the equivalent Nuclear Regulatory Commission

(NRC) rules in 10 CFR Parts 20, 30, 31, 32, 34, 35, 36, 39, 71 and 150 and the requirements of

the 10 amendments identified in the enclosed State Regulation Status (SRS) Data Sheet. We

discussed our review of the regulations with you on April 8, 2005.

As a result of our review, we have eleven 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 the New Hampshire regulations

meet the compatibility and health and safety categories of the equivalent NRC regulation may

only be made based on a review of the final New Hampshire regulations. However, we have

determined that if your proposed regulations were adopted, 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 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 Regulatory Requirements,” please highlight the final

changes and provide a copy to STP.

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. 

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 Aaron

McCraw at 301-415-1277 or by e-mail at atm@nrc.gov.

Sincerely,

\RA By\

Paul H. Lohaus, Director

Office of State and Tribal Programs

Enclosures: As stated
May 13, 2005

Dennis P. O’Dowd, Acting Adminstrator

Radiological Health Section-Department of Health and Human Services 

Division of Public Health Serivces

29 Hazen Drive

Concord, NH 03301-6504

Dear Mr. O’Dowd:

We have reviewed the proposed changes to the New Hampshire Rules for the Control of

Radiation, Administrative Code He-P 4000, received by our office on March 30, 2005. These

regulations were reviewed by comparison to the equivalent Nuclear Regulatory Commission

(NRC) rules in 10 CFR Parts 20, 30, 31, 32, 34, 35, 36, 39, 71 and 150 and the requirements of

the 10 amendments identified in the enclosed State Regulation Status (SRS) Data Sheet. We

discussed our review of the regulations with you on April 8, 2005.

As a result of our review, we have eleven 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 the New Hampshire regulations

meet the compatibility and health and safety categories of the equivalent NRC regulation may

only be made based on a review of the final New Hampshire regulations. However, we have

determined that if your proposed regulations were adopted, 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 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 Regulatory Requirements,” please highlight the final

changes and provide a copy to STP.

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. 

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 Aaron

McCraw at 301-415-1277 or by e-mail at atm@nrc.gov.

Sincerely,

\RA By\

Paul H. Lohaus, Director

Office of State and Tribal Programs

Enclosures: As stated

Distribution:

DIR RF (Action item) SISP Review Complete

DCD (SP05) : Publicly Available G Non-Publicly Available

DWhite, RSAO : Non-Sensitive G Sensitive

KHsueh, ASPO Wrautzen New Hampshire File

DOCUMENT NAME: E:\Filenet\ML051360224.wpd ML of Incoming Document:ML050900337

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 STP OGC STP:DD

NAME ATMcCraw WRautzen STreby MShaffer for PLohaus

DATE 4/15/05* 4/15/05* 5/06/05* 5/13/05*

ML051360224 OFFICIAL RECORD COPY
COMPATIBILITY COMMENTS ON NEW HAMPSHIRE FINAL REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 N/A 30.35(g), 40.36(f)

70.25(g)

1996-3 H&S Financial assurance and

recordkeeping for

decommissioning

New Hampshire has omitted

requirements for the transfer of

records pertaining to

decommissioning in their regulations. 

New Hampshire needs to adopt the

essential objectives of the

requirements for the transfer of

decommissioning records to the new

licensee to meet the Category H&S

designation assigned to Section

30.35(g), 40.36(f), and 70.25(g).

2 N/A 30.36(k)(4),

40.42(k)(4),

70.38(k)(4)

1996-3 H&S Expiration and termination of

licenses and decommissioning of

sites and separate buildings or

outdoor areas

New Hampshire does not have exact

requirements for the submission of

decommissioning records required by

10 CFR 30.51 or its equivalent State

regulation. New Hampshire has

generic requirements for the

termination of licenses, including a

submittal of Form BRH-10. Without a

formal review of this form, it is

indeterminable whether the generic

blanket statement for all license

terminations will meet the essential

objectives of 10 CFR 30.36(k)(4).

New Hampshire needs to adopt the

essential objectives for license

terminations after decommissioning

or demonstrate that their Form BRH10 does meet the Category H&S

designation assigned to Section 10

CFR 30.36(k)(4).
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

3 He-P 4024 20.1401 1997-6 C General provisions and scope

New Hampshire has omitted the

requirements of paragraph (d). This

requirement mandates that the peak

annual TEDE be calculated for the

first 1,000 years after termination of

the license. This requirement is

important in determining the potential

exposure to members of the public.

New Hampshire needs to add this

paragraph to He-P 4024 to meet the

Compatibility Category C designation

assigned to Section 10 CFR 20.1401.

4 He-P

4030.09

30.35 and 40.36 1997-6 H&S Financial assurance &

recordkeeping

for decommissioning

New Hampshire has omitted

equivalent recordkeeping

requirements to 10 CFR 30.35(g)(3)

and 40.36(f)(3). 

New Hampshire needs to adopt the

essential objectives of recordkeeping

requirements to meet the Category

H&S designation assigned to

Sections 10 CFR 30.45 and 40.36.

5 He-P

4003.01

(bl)

20.1003 1999-3 B Definitions

New Hampshire’s proposed definition

of “fit test” omits the phrase “or

quantitatively” compared to NRC’s

definition. Fit tests should also have

protocols to provide quantitative

results.

New Hampshire needs to add the

phrase to He-P 4003.01(bl) to meet

the Compatibility Category B

designation assigned to Section 10

CFR 20.1003.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

6 He-P

4031.04(b)

31.5 2001-1 B Certain detecting, measuring,

gauging, or controlling devices

and certain devices for producing

light or an ionized atmosphere

The New Hampshire regulations use

the word “fixed.” This language is

more restrictive in that it prohibits the

general licensing of portable devices

that is authorized under 31.5(b)(2) of

the NRC regulations. In addition, the

following sections will also need

revision to be consistent to allow the

general licensing of portable devices:

He-P 4031.04 (e)(14), (15), (16), and

(17)

New Hampshire needs to revise He-P

4031.04(b) to meet the Compatibility

Category B designation assigned to

Section 10 CFR 31.5.

7 He-P

4031.04(e)(6

)

31.5(c)(5) 2001-1 B Certain detecting, measuring,

gauging, or controlling devices

and certain devices for producing

light or an ionized atmosphere

The New Hampshire proposed

regulations have omitted the phrase

“or failure of or damage to a source

likely to result in contamination “ from

the reporting requirement of section

31.5(c)(5). 

New Hampshire needs to add this

phrase to He-P 4031.04(e)(6) to meet

the Compatibility Category B

designation assigned to Section 10

CFR 31.5(c)(5).

8 He-P

4031.04(e)(1

4), (15), and

(16)

31.5(c)(13) 2001-1 B Certain detecting, measuring,

gauging, or controlling devices

and certain devices for producing

light or an ionized atmosphere

See comment 6.

9 He-P

4031.04(e)(1

4), (15), and

(16)

31.5(c)(13) 2001-1 B Certain detecting, measuring,

gauging, or controlling devices

and certain devices for producing

light or an ionized atmosphere

See comment 6.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

10 He-P

4031.04(e)(1

4)

31.5(c)(13) 2001-1 B Certain detecting, measuring,

gauging, or controlling devices

and certain devices for producing

light or an ionized atmosphere

See Comment 6. 

11 He-P

4031.03

(old

codification)

31.6 2001-1 B General license to install devices

generally licensed in § 31.5

The title and codifications for this

proposed regulation needs to be

revised to reflect the correct

reference. Presently there are two

section 4031.03 in the New

Hampshire regulations as proposed

and many editorial errors for the

references to 4031.02 instead of

4031.04. The remaining text meets

the meet the Compatibility Category B

designation assigned to Section 31.6

New Hampshire needs to revise the

references in He-P 4031.03 to meet

the Compatibility Category B

designation assigned to Section 10

CFR 31.6.
STATE REGULATION STATUS

State: New Hampshire[Ten amendments reviewed are identified by a i at the beginning of each equivalent NRC regulation] 

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1 Rule ML #5

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 fromManufacturer's Instructions-Parts 30,35

57 FR 45566; (none) 1992-2 

Decommissioning Recordkeeping and License Termination: DocumentationAdditions [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 EPAStandards-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 ByproductMaterial for Medical Use-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 ProtectionEquipment-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 

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 F 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1 Rule 

ML #5

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 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part71

60 FR 50248; 61 FR 28723(4/1/99)

1996-1 F 

One Time Extension of Certain Byproduct, Source and Special NuclearMaterials Licenses-Parts 30, 40, 70

61 FR 1109; (none) 1996-2 

i Termination or Transfer of Licensed Activities: RecordkeepingRequirements-Parts 20, 30, 40, 61, 70

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

ML050900337

i Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials;Clean Air Act-Part 20

61 FR 65120; (1/9/00) 1997-1 P

ML050900337

i Recognition of Agreement State Licenses in Areas Under Exclusive FederalJurisdiction Within an Agreement State-Part 150

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

ML050900337

Criteria for the Release of Individuals Administered Radioactive MaterialParts 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 forIndustrial Radiography Operations-Parts 30, 34, 71, 150

62 FR 28948; (6/27/00) 1997-5 F 

i Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39058; (8/20/00) 1997-6 P

ML050900337

Exempt Distribution of a Radioactive Drug Containing One Microcurie ofCarbon-14 Urea-Part 30 

62 FR 63634; (1/02/01) 1997-7 F 

iDeliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71 150 63 FR 1890; 63 F 13773 (2/12/01) 1998-1 P

ML050900337

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-BondIssuing Licensees- Parts 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 forIndustrial Radiographic Operations-Part 34

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

i 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

ML050900337
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1 Rule 

ML #5

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 the regulation. See: “Final Policy Statemen

Compatibility of Agreement State Programs,” III.1.Time From For Adoption of Compatible State Regulations, p. 6, SECY-95-112, May 3, 199

5. ADAMS ML Number.

i Transfer for Disposal and Manifests: Minor Technical ConformingAmendment-Part 20

63 FR 50127; (11/20/01) 1998-6 P

ML050900337

Radiological Criteria for License Termination of Uranium Recovery FacilitiesPart 40 64 FR 17506; (6/11/02) 1999-1Requirements for Those Who Possess Certain Industrial Devices ContainingByproduct Material to Provide Requested Information-Part 31

64 FR 42269; (none) 1999-2 

i Respiratory Protection and Controls to Restrict Internal Exposure-Part 20 64 FR 54543; 64 FR 55525

(2/2/03)

1999-3 P

ML050900337

Energy Compensation Sources for Well Logging and Other RegulatoryClarifications-Part 39

65 FR 20337; (5/17/03) 2000-1 F

ML042720491ML042660535ML042520322

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

Condition)ML042720491ML042660535ML042520322

i Requirements for Certain Generally Licensed Industrial Devices ContainingByproduct Material-Parts 30, 31, 32

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

ML050900337

i Revision of the Skin Dose Limit-Part 20 67 FR 16298; (4/5/04) 2002-1 P

ML050900337

Medical 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 OtherTransportation Safety Amendments - Part 71

69 FR 3697; (10/01/07) 2004-1