April 25, 2006

Barbara Youngberg, Chief

Bureau of Hazardous Waste and Radiation Management, Radiation Section

Division of Solid and Hazardous Materials

New York State Department of Environmental Conservation

Dear Ms. Youngberg:

We have reviewed Section 175.30 of the existing New York State Penal Code provided in your

letter, received by our office on March 17, 2006. In the letter you indicated that the

enforcement authority provided in Section 175.30 of the New York State Penal Code meets the

essential objectives of the Deliberate Misconduct Rule (RADS ID 1998-1). The enforcement

authority provided in Section 175.30 was reviewed by comparison to the equivalent Nuclear

Regulatory Commission (NRC) rules in 10 CFR Parts 30, 40, 50, 52, 60, 61, 70, 71, 72, and

150, and the requirement of the amendment identified in the enclosed State Regulation Status

(SRS) Data Sheet. We discussed our review of the regulation with you on March 21, 2006.

As a result of our review, we have one comment that has been identified in the enclosure. Please

note that we have limited our review to regulations required for compatibility and/or health and

safety. We have determined that if the regulation is revised, incorporating our comment and

without other significant change, it would meet the compatibility and health and safety categories

established in the Office of State and Tribal Program (STP) Procedure SA-200. 

We request that when you revise your regulations to address our comment, 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 highlight the location of any changes made

by New York, in response to our comment and provide a copy to STP.

The SRS Data Sheet summarizes our knowledge of the status of other New York State

Department of Environmental Conservation 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.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 

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

Sincerely,

\RA By KNSchneider For\

Dennis Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
April 25, 2006

Barbara Youngberg, Chief

Bureau of Hazardous Waste and Radiation Management, Radiation Section

Division of Solid and Hazardous Materials

New York State Department of Environmental Conservation

Dear Ms. Youngberg:

We have reviewed Section 175.30 of the existing New York State Penal Code provided in your

letter, received by our office on March 17, 2006. In the letter you indicated that the enforcement

authority provided in Section 175.30 of the New York State Penal Code meets the essential

objectives of the Deliberate Misconduct Rule (RADS ID 1998-1). The enforcement authority

provided in Section 175.30 was reviewed by comparison to the equivalent Nuclear Regulatory

Commission (NRC) rules in 10 CFR Parts 30, 40, 50, 52, 60, 61, 70, 71, 72, and 150, and the

requirement of the amendment identified in the enclosed State Regulation Status (SRS) Data

Sheet. We discussed our review of the regulation with you on March 21, 2006.

As a result of our review, we have one comment that has been identified in the enclosure. Please

note that we have limited our review to regulations required for compatibility and/or health and

safety. We have determined that if the regulation is revised, incorporating our comment and

without other significant change, it would meet the compatibility and health and safety categories

established in the Office of State and Tribal Program (STP) Procedure SA-200. 

We request that when you revise your regulations to address our comment, 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 highlight the location of any changes made

by New York, in response to our comment and provide a copy to STP.

The SRS Data Sheet summarizes our knowledge of the status of other New York State

Department of Environmental Conservation 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.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 

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

Sincerely,

\RA By KNSchneider For\

Dennis Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: As stated

Distribution:

DIR RF (6-64) SLai SISP Review Complete

DCD (SP05) DWhite, RSAO : Publicly Available G Non-Publicly Available

SMinnick, RSA NYSDEC File : Non-Sensitive G Sensitive

DOCUMENT NAME: E:\Filenet\ML061150021.wpd Incoming Document:ML 061150561

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 KHsueh STreby DKRathbun

DATE 4/10/06* 4/21/06* 4/25/06*

ML061150021 OFFICIAL RECORD COPY
COMPATIBILITY COMMENTS ON NEW YORK STATE REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

 1 §175.30 30.10, 40.10,

70.10, 71.8

1998-1 C Deliberate Misconduct by Unlicenced

Persons

The enforcement authority provided in

the New York State Penal Code does

not meet two of the essential

objectives of the NRC’s deliberate

misconduct regulation. First, the

Penal Code only applies to an

individual who submits false

information to a public office or

officer, and does not create a penalty

for the submission of false

information to a licensee, applicant,

certificate holder, contractor, or subcontractor. Second, the Penal Code

would not prohibit deliberate

misconduct by an individual that

causes or would cause a licensee,

applicant, or certificate holder to be in

violation of a rule, regulation, or

order, or any term, condition or

limitation of the license. The New

York State Department of

Environmental Conservation should

adopt the essential objectives of this

regulation in the appropriate New

York regulations or legally binding

requirements to meet the

Compatibility Category C designation

assigned to 10 CFR 30.10, 40.10,

70.10 and 71.8.
STATE REGULATION STATUS

State: New York State Department of Environmental Conservation Tracking Tic[1 amendment reviewed identified by a i at Date: 4/25/06

the beginning 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 

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) 1991-4Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1⁄27/95) 1992-1 

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

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 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 
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID

Proposed / Final (F)

Rule / LicCondition(LC) ML #

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 

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

Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 

 Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28724

(4/1/99)

1996-1 

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

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

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

Recognition of Agreement State Licenses in Areas Under Exclusive Federal JurisdictionWithin an 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) 1997-3 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 

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6
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 Micro curie of Carbon-14Urea-Part 30 

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

i Deliberate Misconduct by Unlicenced Persons-Parts 30, 40, 61, 70, 71, 72, 150 63 FR 1890; 63 FR 13773

(2/12/01)

1998-1 F

ML061150

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 

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) 1998-6 F

ML060330

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 

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) 2000-2 Requirements for Certain Generally Licensed Industrial Devices Containing ByproductMaterial - Parts 30, 31, 32

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

Revision of the Skin Dose Limit -Part 20 67 FR 16298; 4/5/05 2002-1
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 compatibility4. 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.

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

ML060330

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

Medical Use of Byproduct Material--Recognition of Specialty Boards - Part 35 70 FR 16335; 71 FR

1926(04/29/08)

2005-2 

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