November 28, 2007

Jack Ferruolo, Supervisor

Radioactive Materials and X-Ray Programs

3 Capitol Hill, Room 206

Providence, RI 02908-5097

Dear Mr. Ferruolo:

We have reviewed the final revisions to the Rhode Island regulations Rules and Regulations for

the Control of Radiation, received by our office on October 30, 2007. These regulations were

reviewed by comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10

CFR Part 150 and the requirements of the one amendment identified in the enclosed State

Regulation Status (SRS) Data Sheet. We discussed our review of the regulations with William

Dundulis on November 26, 2007.

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. We have determined that the

regulations, as adopted, meet the compatibility and health and safety categories established in

the Office of Federal and State Materials and Environmental Management Programs (FSME)

Procedure SA-200.

The SRS Data Sheet summarizes our knowledge of the status of other Rhode Island

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 FSME website: http://www.hsrd.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 Kathleen

Schneider, State Regulation Review Coordinator at (301) 415-2320 (email: kxs@nrc.gov) or

Monica Orendi at (301) 415-3938 (email: mlo1@nrc.gov).

Sincerely,

\RA By A.D. White For\

Robert J. Lewis, Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials and

Environmental Management Programs

Enclosures: 

As stated
November 28, 2007

Jack Ferruolo, Supervisor

Radioactive Materials and X-Ray Programs

3 Capitol Hill, Room 206

Providence, RI 02908-5097

Dear Mr. Ferruolo:

We have reviewed the final revisions to the Rhode Island regulations Rules and Regulations for

the Control of Radiation, received by our office on October 30, 2007. These regulations were

reviewed by comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10

CFR Part 150 and the requirements of the one amendment identified in the enclosed State

Regulation Status (SRS) Data Sheet. We discussed our review of the regulations with William

Dundulis on November 26, 2007.

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. We have determined that the

regulations, as adopted, meet the compatibility and health and safety categories established in

the Office of Federal and State Materials and Environmental Management Programs (FSME)

Procedure SA-200.

The SRS Data Sheet summarizes our knowledge of the status of other Rhode Island

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 FSME website: http://www.hsrd.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 Kathleen

Schneider, State Regulation Review Coordinator at (301) 415-2320 (email: kxs@nrc.gov) or

Monica Orendi at (301) 415-3938 (email: mlo1@nrc.gov).

Sincerely,

\RA By A.D. White For\

Robert J. Lewis, Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials and

Environmental Management Programs

Enclosures: As stated

Distribution:

DIR RF (7-82) SUNSI Review Complete

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

JKottan, RSAO : Non-Sensitive G Sensitive

MOrendi [RI] File

DOCUMENT NAME: C:\FileNet\ML073320009.wpd 

 ML of Incoming Document:ML073040203

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 SAISB SAISB OGC SAIS:BC MSSA:DD

NAME MOrendi KSchneider FCameron DWhite RLewis

DATE 11/05/07* 11/05/07* 11/26/07* 11/28/07* 11/28/07*

ML073320009 OFFICIAL RECORD COPY PKGML0733200012
STATE REGULATION STATUS

State: RHODE ISLAND (1 Amendment reviewed is identified by a i Tracking Ticket Number: 7-8

 at the beginning of equivalent NRC requirement) Date: November 28, 2007

NRC Chronology Identification FR Notice

(Date Due for State Implementation))

RATS ID Proposed (P) /

Final (F)1 Rule 

LicenseCondition (LC)ML #4

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

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 

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 F 

Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPAStandards-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 forMedical Use-Parts 30, 32, 35

59 FR 61767; 59 FR 6524360 FR 322; (1/1/98)

1995-1 F 

Frequency of Medical Examinations for Use of Respiratory Protection EquipmentPart 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 28323; (6/30/98) 1995-4 F 
NRC Chronology Identification FR Notice

(Date Due for State Implementation))

RATS ID Proposed (P) /

Final (F)1 Rule 

LicenseCondition (LC)ML #4

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 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28723

(4/1/99)

1996-1 F

ML042520322

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: Recordkeeping Requirements-Parts20, 30, 40, 61, 70

61 FR 24669; (6/17/99) 1996-3 F 

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; CleanAir Act-Part 20

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

ML042520322

iRecognition 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

ML073040203

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 28948; (6/27/00) 1997-5 F 

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39058; (8/20/00) 1997-6 F

ML042520322

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

ML042520322

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 F 

Minor Corrections, Clarifying Changes, and a Minor Policy Change - Parts 20, 35, 36 63 FR 39347; 63 FR 45393 1998-5 F 
NRC Chronology Identification FR Notice

(Date Due for State Implementation))

RATS ID Proposed (P) /

Final (F)1 Rule 

LicenseCondition (LC)ML #4

(10/26/01)

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

ML042520322

Energy Compensation Sources for Well Logging and Other Regulatory ClarificationsPart 39 65 FR 20337; (5/17/03) 2000-1 FML042520322 New Dosimetry Technology-Parts 34, 36, 39 65 FR 63749; (1/8/04) 2000-2 F

ML042520322

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

65 FR 79162; (2/16/04) 2001-1 F7

ML062700535

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

ML042520322

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

ML042520322

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

ML062700535

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) 2005-1 F

ML062700535

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

(4/29/08)

2005-2 F

ML062350571
NRC Chronology Identification FR Notice

(Date Due for State Implementation))

RATS ID Proposed (P) /

Final (F)1 Rule 

LicenseCondition (LC)ML #4

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

ML052570551

Minor Amendments - Parts 20, 30, 32, 35, 40, and 70 71 FR 15005 (3/27/09) 2006-1National Source Tracking System - Serialization Requirements - Part 32 withreference to Part 20 Appendix E

71 FR 65685 (2/6/07) 2006-2

National Source Tracking System - Part 20 71 FR 65865 72 FR 59162 

(01/31/09)

2006-3

Medical Use of Byproduct Material - Minor Corrections and Clarifications - Parts 32and 35

72 FR 45147, 54207(10/29/10)

2007-1

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 the regulation. See: “Final Policy Statemen

Compatibility of Agreement State Programs,” III.1.Time From 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 

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

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