January 23, 2006

Linda B. Bruemmer, Manager

Asbestos, Indoor Ar, Lead & Radiation

Environmental Health Division

P.O. Box 64795

St. Paul, MN 55164-0975

Dear Ms. Bruemmer:

We have reviewed the Minnesota proposed license conditions that were submitted to address

RATS 2004-1, 2005-1 and 2005-2, received by our office on December 27, 2005. These license

conditions were reviewed by comparison to the equivalent NRC rules in 10 CFR 30, 35 and 71

and the requirements of the three amendments identified in the enclosed State’s Regulation

Status (SRS) Data Sheet. We discussed our review of the license condition with George Johns

on January 20, 2006.

As a result of our review, we have no comments. However, the submission of these license

conditions include two options for the 10 CFR Part 71 Transportation requirements. After

review, NRC has determined that although both alternatives meet the compatibility criteria, the

second option which clarifies NRC jurisdiction is preferred. We have determined that the

Minnesota license conditions 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 the status of other Minnesota regulations

and legal binding requirements, 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 review results, the compatibility and health and safety

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

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
January 23, 2006

Linda B. Bruemmer, Manager

Asbestos, Indoor Ar, Lead & Radiation

Environmental Health Division

P.O. Box 64795

St. Paul, MN 55164-0975

Dear Ms. Bruemmer:

We have reviewed the Minnesota proposed license conditions that were submitted to address

RATS 2004-1, 2005-1 and 2005-2, received by our office on December 27, 2005. These license

conditions were reviewed by comparison to the equivalent NRC rules in 10 CFR 30, 35 and 71

and the requirements of the three amendments identified in the enclosed State’s Regulation

Status (SRS) Data Sheet. We discussed our review of the license condition with George Johns

on January 21, 2006.

As a result of our review, we have no comments. However, the submission of these license

conditions include two options for the 10 CFR Part 71 Transportation requirements. After

review, NRC has determined that although both alternatives meet the compatibility criteria, the

second option which clarifies NRC jurisdiction is preferred. We have determined that the

Minnesota license conditions 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 the status of other Minnesota regulations

and legal binding requirements, 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 review results, the compatibility and health and safety

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

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:

DIR RF 5-390 SISP Review Complete

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

JLynch, RSAO : Non-Sensitive G Sensitive

RLickus, ASPO JTobin Minnesota File ML of Incoming Document:ML060030194

DOCUMENT NAME: E:\Filenet\ML060200411.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 JTobin STreby DRathbun

DATE 1/ /06 1/18/06* 1/23/06*

ML 060200411 OFFICIAL RECORD COPY
STATE REGULATION STATUS

State: Minnesota

[3 amendments reviewed identified by a i Tracking

Ticket Number: 5-362

at the beginning of the equivalent NRC requirement.] Date:1/20/06

NRC Chronology Identification FR Notice

(State Due Date)

RATS 

ID

Proposed

/ Final (F)

Rule /Lice

Condition

ML #5

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

ML050140

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

ML050140

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

ML050140

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

ML050140

Eliminating the Recordkeeping Requirements for Departures from Manufacturer's

Instructions-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

ML050140

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

ML050140

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 4059 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

ML050140

Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for

Medical Use-Parts 30, 32, 35

59 FR 61767; 59 FR 65243;

60 FR 322; (1/1/98)

1995-1 F

ML050140

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

20 

60 FR 7900; (3/13/98) 1995-2 F

ML050140

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

(3/1/98)

1995-3 F

ML050140

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

ML050140

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

ML050140

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

ML050140

Medical Administration of Radiation and Radioactive Materials-Parts 20, 35

60 FR 48623; (10/20/98) 1995-7 F

ML050140
NRC Chronology Identification FR Notice

(State Due Date)

RATS 

ID

Proposed

/ Final (F)

Rule /Lice

Condition

ML #5

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

ML050140

One Time Extension of Certain Byproduct, Source and Special Nuclear Materials

Licenses-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

ML050140

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air

Act-Part 20

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

ML050140

Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction

Within an Agreement State-Part 150

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

ML050140

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

ML050140

Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4

Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial

Radiography Operations-Parts 30, 34, 71, 150

62 FR 28947; (6/27/00) 1997-5 F

ML050140

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

ML050140

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

Urea-Part 30 

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

ML050140

Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773;

(2/12/01)

1998-1 F

ML050140

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing

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 for Industrial

Radiographic Operations-Part 34

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

ML050140

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

(10/26/01)

1998-5 F

ML050140

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

ML050140

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

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

ML050140

Energy Compensation Sources for Well Logging and Other Regulatory ClarificationsPart 3965 FR 20337; (5/17/03) 2000-1 F

ML050140
NRC Chronology Identification FR Notice

(State Due Date)

RATS 

ID

Proposed

/ Final (F)

Rule /Lice

Condition

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 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

6. The Minnesota proposed final regulations were submitted and reviewed on this date as part of their Agreement State

application package.

7. By letter dated September 2, 2005, from Paul H. Lohaus, Director, Office of State and Tribal Programs, Agreement

States were given 90 days to issue legally binding requirements satisfying the requirements of NRC Order EA05-090.

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

ML050140

Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct

Material - Parts 30, 31, 32

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

ML050140

Revision of the Skin Dose Limit-Part 20 67 FR 16298 (4/5/05) 2002-1 F

ML050140

Medical Use of Byproduct Material-Parts 20, 32, and 35 67 FR 20249 (10/24/05) 2002-2 F

ML050140

Financial Assurance for Materials Licensees - Parts 30, 40, 70 68 FR 56327 (12/3/06) 2003-1

i Compatibility With IAEA Transportation Safety Standards and Other Transportation

Safety Amendments – Part 71.

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

ML060200

i Security Requirements for Portable Gauges Containing Byproduct Material - Part 30 70 FR 2001; (7/11/08) 2005-1 P

ML060200

i Medical Use of Byproduct Material - Recognition of Specialty Boards - Part 35 70 FR 16336; 71 FR 1926;

(4/29/08)

2005-2 P

ML060200

Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090)7 70 FR 72128; (12/1/05) 2005-3 LC

ML053220