April 4, 2003

Mr. Jay Hyland, P.E., Manager

Radiation Control Program

Division of Health Engineering

10 State House Station

Augusta, ME 04333

Dear Mr. Hyland:

As requested in your February 25, 2003 letter, we have reviewed the proposed regulations that

will become part of the State of Maine Rules Relating to Radiation Protection (Part C). The

regulations were received by our office on March 6, 2003. The proposed regulations are in

response to the amendment identified in the enclosed State Regulation Status (SRS) Data

Sheet. The regulations were reviewed by comparison to the equivalent NRC regulations in 

10 CFR Parts 30, 31 and 32. We also discussed our review of the regulations with Shawn

Seeley, of your office, on March 25, 2003.

As a result of our review, we have one comment, and one editorial suggestion, as enclosed. 

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 a State regulation meets the

compatibility and health and safety categories of the equivalent NRC regulation may only be

made based on a review of the final State regulation. However, we have determined that if your

proposed regulations were adopted, incorporating our comment and 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 Regulations (November 10, 1998), please highlight the final

changes and send one copy to STP.

The SRS Data Sheet summarizes our knowledge of other Maine regulations. 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 Web Site:

http://www.hsrd.ornl.gov/nrc/rulemaking.htm.

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 Terry Brock

of my staff at 301-415-2323 or TAB2@NRC.GOV.

Sincerely,

/RA By JMPiccone/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures:

As stated
April 4, 2003

Mr. Jay Hyland, P.E., Manager

Radiation Control Program

Division of Health Engineering

10 State House Station

Augusta, ME 04333

Dear Mr. Hyland:

As requested in your February 25, 2003 letter, we have reviewed the proposed regulations that

will become part of the State of Maine Rules Relating to Radiation Protection (Part C). The

regulations were received by our office on March 6, 2003. The proposed regulations are in

response to the amendment identified in the enclosed State Regulation Status (SRS) Data

Sheet. The regulations were reviewed by comparison to the equivalent NRC regulations in 

10 CFR Parts 30, 31 and 32. We also discussed our review of the regulations with Shawn

Seeley, of your office, on March 25 and April 2, 2003.

As a result of our review, we have one comment, and one editorial suggestion, as enclosed. 

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 a State regulation meets the

compatibility and health and safety categories of the equivalent NRC regulation may only be

made based on a review of the final State regulation. However, we have determined that if your

proposed regulations were adopted, incorporating our comment and 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 Regulations (November 10, 1998), please highlight the final

changes and send one copy to STP.

The SRS Data Sheet summarizes our knowledge of other Maine regulations. 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 Web Site:

http://www.hsrd.ornl.gov/nrc/rulemaking.htm.

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 Terry Brock

of my staff at 301-415-2323 or TAB2@NRC.GOV.

Sincerely,

/RA By JMPiccone/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Distribution:

DIR RF (3-48) DCD (SP05) PDR (YES_)

Busilton LRakovan, ASPO

Maine File Response to Incoming Document: ML003696531

DOCUMENT NAME: C:\ORPCheckout\FileNET\ML030940674.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 STP OGC STP:DD

NAME TABrock JGZabko SATreby JMPiccone

DATE 03/25/03* 03/25/03* 04/03/03* 04/04/03*

 ML030940674 OFFICIAL RECORD COPY
 

COMMENTS ON PROPOSED MAINE REGULATIONS

AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES

State

Regulation

 

NRC

Regulation

RATS 

 ID 

 

Category Subject and Comments

C.6.B 31.5 (c)(13) 2001-1 B Certain detecting, measuring gauging or

controlling devices.

The State has omitted parts of this section. 

Some examples of these omissions are the

inventory requirements of 31.5(c)(13)(iii)(E)

and the certification requirements of

31.5(c)(13)(iii)(F). Although some

requirements are paraphrased and appear in

their regulations, this section is a compatibility

category “B”. This category requires their rules

to be essentially identical to 31.5 (c)(13). 

The State needs to incorporate each part of

31.5(c)(13) in a manner that includes all of the

essential objectives.
EDITORIAL SUGGESTIONS

1. The numbering scheme in section C.11.D.(1)-(7) appears to be incorrect. 
STATE REGULATION STATUS

State: Maine Tracking T[1 amendment reviewed is identified by a  at the beginning of each equivalent NRC regulation.] Date: Apri

NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID Proposed 

/ Final (F)

Rule / 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 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

ML012710

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

ML012710
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID Proposed 

/ Final (F)

Rule / ML 

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

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 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 FML012710Recognition of Agreement State Licenses in Areas Under Exclusive Federal JurisdictionWithin 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 
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID Proposed 

/ Final (F)

Rule / ML 

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 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 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-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 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 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 F

ML021830ML021990

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

ML021830ML021990
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

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.

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 

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

1995.

5. ADAMS ML Number

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

ML012710

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

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

ML003696

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

ML023090

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

ML023090