August 31, 2006

Mr. John Giarrusso, Jr., Nuclear Preparedness Manager

Radiation Control Program

Department of Public Health

90 Washington Street

Dorchester, MA. 02121

Dear Mr. Giarrusso:

On January 21, 2005, we sent you the results of our review of the proposed changes to the

Massachusetts regulations which were submitted to the NRC by letter dated November 24,

2004. 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 the September 28, 2005 All Agreement States letter STP-05-072, 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 review of the GL Amendment with Salifu Dakubu on August 21, 2006. As a

result of our re-review against the Compatibility Category B designation, we have no comments. 

We determined that Massachusetts’s GL amendment is neither more restrictive nor less

restrictive, but is equivalent to the NRC’s rule. This letter, including the SRS Data Sheet, is

posted on the STP website: http://www.hsrd.ornl.gov/nrc/rulemaking.htm.

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

Massachusetts 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. 

If you have any questions regarding the re-review results, the compatibility and health and

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

Monica Orendi at (301) 415-3938 or by e-mail at MLO1@nrc.gov.

Sincerely,

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
August 31, 2006

Mr. John Giarrusso, Jr., Nuclear Preparedness Manager

Radiation Control Program

Department of Public Health

90 Washington Street

Dorchester, MA. 02121

Dear Mr. Giarrusso:

On January 21, 2005, we sent you the results of our review of the final changes to the

Massachusetts regulations which were submitted to the NRC by letter dated November 24,

2004. 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 the September 28, 2005 All Agreement States letter STP-05-072, 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 review of the GL Amendment with Salifu Dakubu on August 21, 2006. As a

result of our re-review against the Compatibility Category B designation, we have no comments. 

We determined that Massachusetts’s GL amendment is neither more restrictive nor less

restrictive, but is equivalent to the NRC’s rule. This letter, including the SRS Data Sheet, is

posted on the STP website: http://www.hsrd.ornl.gov/nrc/rulemaking.htm. 

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

Massachusetts 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. 

If you have any questions regarding the re-review results, the compatibility and health and

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

Monica Orendi at (301) 415-3938 or by e-mail at MLO1@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 (SP08) : Publicly Available G Non-Publicly Available

PDR (YES_T) : Non-Sensitive G Sensitive

DWhite, SMinnick, RSAO; AJones, ASPO; SLai; BUsilton; Massachussetts File

Document Name:C:\ADAMS\Cache\ML0624101350.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 7/18/06* 7/24/06* 8/31/06*

ML062410135 OFFICIAL RECORD COPY MLPKG.062410139
STATE REGULATION STATUS

State: Massachusetts [1 Amendment reviewed identified by a i 

at the beginning of the equivalent NRC requirement.] D

NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID

Proposed (PFinal (F)2Rul

LicenseCondition (LML #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 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 Standards-Part40

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 P

ML04335012

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

59 FR 61767; 59 FR 65243;60 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 Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983;

(3/1/98)

1995-3 P

ML04335012

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

(Date Due For StateImplementation)

RATS ID

Proposed (PFinal (F)2Rul

LicenseCondition (LML #5

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

ML04335012

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

ML04335012

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-Part 71 60 FR 50248; 61 FR 28724;

(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 F 

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

ML04335012

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 

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 P

ML04335012

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

ML04335012

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 IndustrialRadiographic Operations-Part 34

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

ML04335012
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID

Proposed (PFinal (F)2Rul

LicenseCondition (LML #5

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

ML04335012

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

ML04335012

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 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 P

ML04335012

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

ML04335012

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

ML04335012

iRequirements for Certain Generally Licensed Industrial Devices Containing Byproduct

Material-Parts 30, 31, 32

65 FR 79162; (2/16/04) 2001-1 P7

ML04335012

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

ML04335012

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

ML04335012

Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327 12/3/06 2003-1

Compatibility With IAEA Transportation Safety Standards and Other TransportationSafety Amendments – 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 Speciality Boards - Part 35 70 FR 16336; 71 FR 1926

(4/29/08)

2005-2

Increased Controls for Risk-Significant Radioactive Sources (NRC Order 70 FR 72128; (12/1/05) 2005-3 LC 
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID

Proposed (PFinal (F)2Rul

LicenseCondition (LML #5

 EA-05-090)6 ML05278002

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

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 

Compatibility of Agreement State Programs.” III.1. Time Frame for Adoption of Compatible State Regulations, p.6, SECY-95-112, May3, 1995

5. ADAMS ML Number#.6. By letter dated September 2, 2005, from Paul H. Lohaus, Director, Office of State and Tribal Programs, Agreement States were given 90 days 

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

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

STP 05-072.