November 14, 2005

Beverly O. Hall, Chief

Radiation Protection Section

Division of Environmental Health

Department of Environment and Natural Resources

3825 Barret Drive

Raleigh, NC 27609-7221

Dear Ms. Hall:

We have reviewed the proposed changes to the North Carolina regulations NCAC 11, received

by our office on October 31, 2005. These regulations were reviewed by comparison to the

equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 20, 30, 40 and 70 and

the requirements of the two amendments identified in the enclosed State Regulation Status

(SRS) Data Sheet. We discussed our review of the regulations with you on November 2, 2005.

As a result of our review, we have no comments. Please note that we have limited our review

to regulations required for compatibility and/or health and safety. Under our current procedure,

a finding that the North Carolina regulations meet the compatibility and health and safety

categories of the equivalent NRC regulation may only be made based on a review of the

proposed North Carolina regulations. However, we have determined that if your proposed

regulations were adopted, without significant change, they would meet the compatibility and

health and safety categories established in the Office of State and Tribal Programs (STP)

Procedure SA-200.

We request that when the proposed regulations are adopted and published as final regulations,

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 any final

changes and provide a copy to STP. 

The SRS Data Sheet summarizes our knowledge of the status of other North Carolina

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, 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
November 14, 2005

Beverly O. Hall, Chief

Radiation Protection Section

Division of Environmental Health

Department of Environment and Natural Resources

3825 Barret Drive

Raleigh, NC 27609-7221

Dear Ms. Hall:

We have reviewed the proposed changes to the North Carolina regulations NCAC 11, received

by our office on October 31, 2005. These regulations were reviewed by comparison to the

equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 20, 30, 40 and 70 and

the requirements of the two amendments identified in the enclosed State Regulation Status

(SRS) Data Sheet. We discussed our review of the regulations with you on November 2, 2005.

As a result of our review, we have no comments. Please note that we have limited our review

to regulations required for compatibility and/or health and safety. Under our current procedure,

a finding that the North Carolina regulations meet the compatibility and health and safety

categories of the equivalent NRC regulation may only be made based on a review of the

proposed North Carolina regulations. However, we have determined that if your proposed

regulations were adopted, without significant change, they would meet the compatibility and

health and safety categories established in the Office of State and Tribal Programs (STP)

Procedure SA-200.

We request that when the proposed regulations are adopted and published as final regulations,

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 any final

changes and provide a copy to STP. 

The SRS Data Sheet summarizes our knowledge of the status of other North Carolina

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, 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 5-335 SISP Review Complete

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

SMinnick, RSAO : Non-Sensitive G Sensitive

JTobin, ASPO North Carolina File DOCUMENT NAME: E:\Filenet\ML053180002.wpd 

Response to Incoming Document: ML053040478 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 KNSchneider for DKRathbun

DATE 11/04/05* 11/09/05* 11/14/05*

ML053180002 OFFICIAL RECORD COPY
STATE REGULATION STATUS

State: NORTH CAROLINA 

[Two amendments reviewed are identified by a i Trackin

g Ticket

Number

: 5-335

at the beginning of each equivalent NRC regulation.] Date:

11/14/05

NRC Chronology Identification FR Notice

(State Due Date)

RATS 

ID

Proposed

/ Final (F)

Rule / ML

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's InstructionsParts 30,3557 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-Part 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

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

Frequency of Medical Examinations for Use of Respiratory Protection Equipment-Part 20 60 FR 7900; (3/13/98) 1995-2 F

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 28324; (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 F

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

10 CAR 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, 7061 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 Dual Regulation of Airborne Effluents of Radioactive Materials;Clean Air Act-Part 20 61 FR 65120; (1/9/00) 1997-1 F

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
NRC Chronology Identification FR Notice

(State Due Date)

RATS 

ID

Proposed

/ Final (F)

Rule / 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.

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 Industrial

Radiography 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 Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 F

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

(2/12/01)

1998-1 P

ML020990

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing LicenseesParts 30, 40, 7063 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

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

ML020990

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

M0423205

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 P 2/18/04

ML040560

Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part 39 65 FR 20337; (5/17/03) 2000-1 P 2/18/0

ML040560

New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2 P 2/18/0

ML040560

Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct Material -

Parts 30, 31, 32

65 FR 79162; (2/16/04) 2001-1 P 2/18/0

ML040560

iRevision of the Skin Dose Limit-Part 20 67 FR 16298; 4/5/05 2002-1 P 10/19/0

ML053040

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

iFinancial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327 12/3/06 2003-1 P 10/19/0

ML053040

Compatibility With IAEA Transportation Safety Standards and Other Transportation Safety

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) 2005-1

Medical Use of Byproduct Material - Recognition of Specialty Boards - Part 35 70 FR 16336; (4/29/08) 2005-2

 Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090)6 TBD FR TBD; (12/2/05) 2005-3

ML052720
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. 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 EA-05-090.