March 21, 2005

Dennis P. O’Dowd, Acting Administrator

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 your letter dated March 2, 2005 requesting Nuclear Regulatory Commission

(NRC) evaluation of a license condition relative to a regulation amendment for the “Resolution

of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air Act.” The license

condition was reviewed by comparison to the equivalent NRC regulations in 10 CFR 20.1003,

20.1101 and 20.2203. We discussed our review of the license condition with you on 

March 21, 2005.

As a result of our review, we have no comments. Since this regulation is incorporated by the

license condition into active licenses, we have concluded that the license condition would meet

the compatibility and health and safety categories established in the Office of State and Tribal

Programs (STP) Procedure SA-200.

The State Regulation Status (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.hsrd.ornl.gov/nrc/rulemaking.htm.

If you have any questions regarding the review result, the compatibility and health and safety

categories, or any of the NRC regulations used in the review, please contact me, or Kevin

Hsueh at 301-415-2598 or by e-mail at KPH@NRC.GOV.

Sincerely,

\RA By M. Shaffer For\

Paul Lohaus, Director

Office of State and Tribal Programs

Enclosure: 

As stated
March 21, 2005

Dennis P. O’Dowd, Acting Administrator

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 your letter dated March 2, 2005 requesting Nuclear Regulatory Commission

(NRC) evaluation of a license condition relative to a regulation amendment for the “Resolution

of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air Act.” The license

condition was reviewed by comparison to the equivalent NRC regulations in 10 CFR 20.1003,

20.1101 and 20.2203. We discussed our review of the license condition with you on 

March 21, 2005.

As a result of our review, we have no comments. Since this regulation is incorporated by the

license condition into active licenses, we have concluded that the license condition would meet

the compatibility and health and safety categories established in the Office of State and Tribal

Programs (STP) Procedure SA-200.

The State Regulation Status (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.hsrd.ornl.gov/nrc/rulemaking.htm.

If you have any questions regarding the review result, the compatibility and health and safety

categories, or any of the NRC regulations used in the review, please contact me, or Kevin

Hsueh at 301-415-2598 or by e-mail at KPH@NRC.GOV.

Sincerely,

Paul Lohaus, Director

Office of State and Tribal Programs

Enclosure: As stated SISP Review Complete

 : Publicly Available 9 Non-Publicly Available

 : Non-Sensitive 9 Sensitive

Distribution:

DISTRIBUTION:

DIR RF5-60 DCD (SP05) PDR(YesT)

DWhite/SMinnick RSAO New Hampshire File RESPONSE TO INCOMING DOCUMENTS:ML050670140 

DOCUMENT NAME: E:\Filenet\ML050870343.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 STP STP OGC STP:DD

NAME KHsueh WRautzen STreby MShaffer for PLohaus:D

DATE 3/10/05* 3/10/05* 3/18/05* 3/21/05*
ML050870343 OFFICIAL RECORD COPY
STATE REGULATION STATUS

State: New Hampshire[One amendment reviewed is identified Tracking Ticket Number: 5by a i at the beginning of each equivalent NRC regulation] Date: March 21, 2

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

i Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air ActPart 20 61 FR 65120; (1/9/00) 1997-1 F (License Condition)Recognition 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 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 55525

(2/2/03)

1999-3

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

ML042720ML042660ML042520

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

Condition)ML042720ML042660ML042520

Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct MaterialParts 30, 31, 32 65 FR 79162 (2/16/04) 2001-1Revision 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 Transportation SafetyAmendments - 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