February 27, 2003

Eugene W. Potter, Manager

Radiation Services Program

Laboratory and Radiation Services Division

Colorado Department of Public Health 

 and Environment

8100 Lowry Boulevard

Denver, CO 80230-6928

Dear Mr. Potter:

We have reviewed the final Colorado regulations Part 18-Licensing Requirements for Uranium

and Thorium Processing, which became effective on November 20, 2001. The regulations

were received on February 12, 2003. The final regulations are in response to one amendment,

identified in the enclosed State Regulation Status (SRS) Data Sheet. The regulations were

reviewed by comparison to the equivalent U.S. Nuclear Regulatory Commission (NRC)

regulations in 10 CFR Parts 20, 30, 40, 61 and 70. We also discussed our review of the

regulations with you on February 13, 2003.

As a result of our review, we have no comments and one editorial suggestion. Please note that

we have limited our review to regulations required for compatibility and/or health and safety. As

a result of the NRC review, 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 Colorado 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.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 at

(301) 415-2325, or John Zabko of my staff at (301) 415-2308 or e-mail: JGZ@NRC.GOV.

Sincerely,

/RA for J. PICCONE/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures:

As stated
February 27, 2003

Eugene W. Potter, Manager

Radiation Services Program

Laboratory and Radiation Services Division

Colorado Department of Public Health 

 and Environment

8100 Lowry Boulevard

Denver, CO 80230-6928

Dear Mr. Potter:

We have reviewed the final Colorado regulations Part 18-Licensing Requirements for Uranium

and Thorium Processing, which became effective on November 20, 2001. The regulations

were received on February 12, 2003. The final regulations are in response to one amendment,

identified in the enclosed State Regulation Status (SRS) Data Sheet. The regulations were

reviewed by comparison to the equivalent U.S. Nuclear Regulatory Commission (NRC)

regulations in 10 CFR Parts 20, 30, 40, 61 and 70. We also discussed our review of the

regulations with you on February 13, 2003.

As a result of our review, we have no comments and one editorial suggestion. Please note that

we have limited our review to regulations required for compatibility and/or health and safety. As

a result of the NRC review, 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 Colorado 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.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 at

(301) 415-2325, or John Zabko of my staff at (301) 415-2308 or e-mail: JGZ@NRC.GOV.

Sincerely,

/RA for J. PICCONE

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures:

As Stated

Distribution:

DIR RF[3-36] DCD (SP08) PDR (YES_)

VCampbell, RSAO CMaupin, ASPO

Colorado File Response to Incoming Document: ML030440325

DOCUMENT NAME: C:\ORPCheckout\FileNET\ML030620333.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 JMPiccone

DATE 2/ 12/03* 2/27/03* 2/27/03*

MLPKG.ML030620433 OFFICIAL RECORD COPY
Editorial Suggestions

1. In 3.15.4.3 there is an incorrect reference. 3.16.6.8 is stated as the reference for

decommissioning documents. The correct reference is 3.16.5.
1

STATE REGULATION STATUS

State: Colorado[One amendment reviewed is identified by a  T

at the beginning of the equivalent NRC regulation.] D

NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID

Proposed / Final (F)

Rule / ML 

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 F ANT 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) 1992-1Eliminating the Recordkeeping Requirements for Departures from Manufacturer’sInstructions-Parts 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 StandardsPart 40 59 FR 28220; (7/1/97) 1994-2 F 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 forMedical 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 Protection EquipmentPart 20 60 FR 7900; (3/13/98) 1995-2 F 
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

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 F 

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 F Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 P Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 P 10 CFR 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 MaterialsLicenses-Parts 30, 40, 70

61 FR 1109; (none) 1996-2 

*Termination or Transfer of Licensed Activities: Record keeping Requirements-Parts 20,

30, 40, 61, 70

61 FR 24669; (6/17/99) 1996-3 F 02/12/2

ML030570

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean AirAct-Part 20

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

Recognition of Agreement State Licenses in Areas Under Exclusive Federal JurisdictionWithin an 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 P 

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 Micro curie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 F Deliberate Misconduct by Unlicenced Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773

(2/12/01)

1998-1 F

ML010380

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-IssuingLicensees- Parts 30, 40, 70

63 FR 29535; (none) 1998-2 

License Term for Medical Use Licenses-Part 35 63 FR 31604; (none) 1998-3 
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

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. ADAMS ML Number.

Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiographic Operations-Part 34

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

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

ML012190

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

ML012190

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

ML020320

Requirements 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 55524

(2/2/03)

1999-3

Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part39

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

New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2Requirements for Certain Generally Licensed Industrial Devices Containing ByproductMaterial - Parts 30, 31, 32

65 FR 79162 2001-1

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 2002-2
4