August 31, 2006

Jay Hyland, Manager

Division of Environment Health 

Radiation Control Program

11 State House Station 

286 Water Street, 4th Floor

Augusta, ME 04333

Dear Mr. Hyland:

By letter dated October 14, 2004, we sent you the results of our review of the final changes to

the Maine regulations which were submitted to the NRC by letter dated May 15, 2003. These

regulations were reviewed by comparison to the equivalent Nuclear Regulatory Commission

(NRC) rules in 10 CFR Parts 30, 31, and 32, and the requirements of the General License (GL)

amendment identified in the enclosed State Regulation Status (SRS) Data Sheet. The review

we conducted omitted a specific review of Sections 10 CFR Parts 31.5 and 31.6. The text of

these sections was not revised by the GL amendment, but the compatibility designations were

changed from Compatibility Categories C and D respectively, to Category B. 

As noted in All Agreement States letter STP-05-072, dated September 28, 2005, NRC staff will

continue to review Agreement State GL Device proposed and final rules but will hold in

abeyance any determination on those rules and compatibility of those rules, if the Agreement

State has the essential elements of the NRC’s rule and is more restrictive than the NRC’s rule.

For Agreement States without a GL Device rule or a GL Device rule less restrictive than the

NRC rules, the staff will factor this determination into results of the NRC’s review of the State’s

proposed and final rules and the compatibility findings during Integrated Materials Performance

Evaluation Program (IMPEP) reviews.

We discussed our re-review of the GL Amendment with you on August 21, 2006. Although we

had only two comments for the 2001-1 amendment stated in the October 14, 2004 letter, as a

result of our re-review against the Compatibility Category B designation, we have four additional

comments that have been identified in the enclosure. Comment 1 and the two old comments

stated in the October 14, 2004 letter indicate that the State’s regulation is more restrictive than

the NRC’s regulation, and there is no corrective action required for this comment at this point. 

However, Comments 2 and 4 indicate that the State’s regulations are less restrictive than the

NRC’s regulations, and they need to be addressed in the State’s future rulemaking process. 

We request that when a final amended version of Maine regulations is adopted and published in

response to our comments, that 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 note that we have limited our review to regulations required for compatibility and/or

health and safety. The SRS Data Sheet summarizes our knowledge of the status of other

Maine 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.
Jay Hyland, Manager -2- August 31, 2006

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 Ms.

Jennifer Tobin at (301) 415-2328 or by e-mail at JCT1@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
Jay Hyland, Manager -2- August 31, 2006

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 Ms.

Jennifer Tobin at (301) 415-2328 or by e-mail at JCT1@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated

Distribution: SUNSI Review Complete

DIR RF(6-16) DCD (SP05) : Publicly Available G Non-Publicly Available

PDR (YES_T) : Non-Sensitive G Sensitive

Response to Incoming Document: ML032930364

DWhite, RSAO, AMcCraw, ASPO SLai Busilton Maine File

Document Name:E:\Filenet\ML062370173.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 SLai STreby KNSchneider for DKRathbun

DATE 6/16/06* 6/29/06* 8/31/06*

ML062370173 OFFICIAL RECORD COPY Pkg.ML062370176 
COMPATIBILITY COMMENTS ON MAINE FINAL REGULATIONS

State

Regulation 

NRC

Regulation

RATS 

 ID 

Category Subject and Comments

1 220.C.6.B

.(3)

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

controlling devices.

Maine requires additional registration process

which is not stated in 10 CFR 31.5(c).

Maine’s rule has the essential elements of the

NRC, but is more restrictive than the NRC’s

GL rule. 

As noted in the September 28, 2005 All

Agreement States Letter STP-05-072, the

determination on this provision will be held in

abeyance until such time that the NRC

completes its review and response to the

Organization of Agreement State petition and

State of Florida’s request on compatibility

changes for the GL rule.

2 220.C.6.B

.(3)c.

31.5(c)(3) 2001-1 B Certain detecting, measuring gauging or

controlling devices.

Maine has omitted the reference to 10 CFR

31.5(c)(2) at the beginning of 220.C.6.B(3)c

regarding the test requirements for radioactive

materials. 

Maine needs to add the reference to 220.C.6.

B.(3)c. to meet the Compatibility Category B

designation assigned to 10 CFR 31.5(c)(3). 

3 220.C.6.B

.(3)d.

31.5(c)(4) B Certain detecting, measuring gauging or

controlling devices.

Maine requires records of tests for radioactive

material leakage and tests for on-off

mechanism to be maintained for 1 year while

the NRC requires records to be retained for 3

years for the above conditions. 

Maine needs to revise the record retention

period in 220.C.6.B.(3)d. to meet the

Compatibility Category B assigned to 10 CFR

31.5(c)(4).
4 n/a 31.5(c)(7) B Certain detecting, measuring gauging or

controlling devices.

Maine has omitted the provision of 10 CFR

31.5(c)(7) regarding the export of the device

containing byproduct material. Omitting this

provision also caused a missing reference to

10 CFR 31.5(c)(7) in 220.C.6.B.(3)g.

Maine needs to adopt the provision and add

the equivalent reference to meet the

Compatibility Category B designation

assigned to 10 CFR 31.5(c)(7) and 10 CFR

31.5(c)(8).
STATE REGULATION STATUS

State: Maine Tracking [1 amendment reviewed identified by a i at the Date: Aubeginning of the equivalent NRC requirement.]

NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID Proposed 

/ Final (F)

Rule / LicCondition(LC) ML #

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 F

ML012710

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

ML012710

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 F

ML012710

Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1 F

ML012710

Eliminating 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

ML012710

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

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 StandardsPart 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

ML012710

Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material forMedical Use-Parts 30, 32, 35

59 FR 61767; 59 FR 65243;60 FR 322; (1/1/98)

1995-1 F

ML012710

Frequency of Medical Examinations for Use of Respiratory Protection Equipment-Part20 

60 FR 7900; (3/13/98) 1995-2 F 
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID Proposed 

/ Final (F)

Rule / LicCondition(LC) ML #

Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983;

(3/1/98)

1995-3 F

ML021830ML021990

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

ML021830ML021990

Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 F

ML021830ML021990

Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 F

ML021830ML021990

Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 F

ML021830ML021990

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

ML021830ML021990

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: Recordkeeping Requirements-Parts 20,30, 40, 61, 70

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

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

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

ML012710

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

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

ML012710

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

ML012710

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

ML021830ML021990

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6 F 
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID Proposed 

/ Final (F)

Rule / LicCondition(LC) ML #

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

ML021830ML021990

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

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

ML012710

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

(10/26/01)

1998-5 F

ML021830ML021990

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

ML021830ML021990

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 ContainingByproduct Material 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 F

ML021830ML021990

Energy Compensation Sources for Well Logging and Other Regulatory ClarificationsPart 39 65 FR 20337; (5/17/03) 2000-1 FML021830

ML021990

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

ML012710

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

65 FR 79162; (2/16/04) 2001-1 F7

ML032930

Revision of the Skin Dose Limit-Part 20 67 FR 1629; (4/5/05) 2002-1 F

ML032930
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID Proposed 

/ Final (F)

Rule / LicCondition(LC) 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 Polic

Adequacy and Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p. 6, 1995.

5. ADAMS ML Number6. By letter dated September 2, 2005, from Paul H. Lohaus, Director, Office of State and Tribal Programs, Agreement States were giv

legally binding requirements satisfying the requirements of NRC Order EA-05-090.

7. A re-review was completed on this item due to change in compatibility of 31.5 and 31.6. More information can be found in the All A

letter STP 05-072.

Medical Use of Byproduct Material-Parts 20, 32, 35 67 FR 20249; (4/24/05) 2002-2 F

ML032930

Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327; (12/3/06) 2003-1Compatibility with IAEA Transportation Safety Standards and Other TransportationSafetyAmendments - Part 71

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

Security Requirements for Portable Gauges Containing Byproduct Material - Part 30 70 FR 2001; (7/11/08) 2005-1Medical Use of Byproduct Material - Recognition of Specialty Boards - Part 35 70 FR 16336; 71 FR 1926

(4/29/08)

2005-2

Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090)6 70 FR 72128; (12/1/05) 2005-3 LC

ML053130

Minor Amendments - Parts 20, 30, 32, 35, 40, and 70 71 FR 15005 (3/27/09) 2006-1