October 17, 2005

Mr. Dennis O’Dowd, Acting Chief

Radiological Health Bureau

Department of Health and Human Services

29 Hazen Drive

Concord, NH 03301-6504

Dear Mr. O’Dowd:

We received your letter dated September 22, 2005 requesting our review of a legally-binding

license condition which has been added to all applicable New Hampshire Radioactive material

Licenses. The license condition has been used to meet the compatibility requirements for the

NRC regulations, “Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials;

Clean Air Act-Part 20,” (61 FR 65120, (January 9, 200)), RATS ID 1997-1.

A review of our records indicates that the license condition has been reviewed and found to

meet the compatibility requirements as documented in a March 21, 2005 letter. We have also

reviewed your proposed regulation addressing the 1997-1 amendment and found the proposed

regulation compatible as documented in a May 13, 2005 letter. Both letters can be found on the

STP website: http://www.hrsd.ornl.gov/nrc/rulemaking.htm. 

As indicated in the Mary 13 letter, 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. When the final rule becomes

effective, the license condition would no longer be necessary.

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

regulations and legal binding requirements, 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 indicated above. 

If you have any questions regarding this correspondence, please contact me, or Kevin Hsueh at

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

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures:

 As stated
October 17, 2005

Mr. Dennis O’Dowd, Acting Chief

Radiological Health Bureau

Department of Health and Human Services

29 Hazen Drive

Concord, NH 03301-6504

Dear Mr. O’Dowd:

We have reviewed the New Hampshire license conditions that were submitted to address the

NRC regulation associated with “Recognition of Agreement State Licenses in Areas Under

Exclusive Federal Jurisdiction Within an Agreement State,” (62 FR 1662, (January 13, 1997)),

RATS ID 1997-2, received by our office on September 28, 2005. These license conditions were

reviewed by comparison to the equivalent NRC rules in 10 CFR 150.20 and the requirements of

the one amendment identified in the enclosed State’s Regulation Status (SRS) Data Sheet. We

discussed our review of the license condition with you on October 11, 2005.

As a result of our review, we have no comment. We have determined that the New Hampshire

license conditions meet the compatibility and health and safety categories established in the

Office of State and Tribal Programs (STP) Procedure SA-200.

It should be noted that the proposed regulations which were implemented by this license

condition were found acceptable in the May 13, 2005 STP letter. As discussed with you, 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. When the final rule becomes effective, the license

condition would no longer be necessary.

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

regulations and legal binding requirements, 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 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 5-286 SISP Review Complete

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

SMinnick, RSAO G Non-Sensitive G Sensitive

KHseuh, ASPO JTobin New Hampshire File

DOCUMENT NAME: E:\Filenet\ML052900237.wpd Incoming Document:ML052720200

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 DRathbun

DATE 10/05/05* 10/07/05* 10/17/05*

ML052900237 OFFICIAL RECORD COPY
STATE REGULATION STATUS

State: New Hampshire

[1 amendments reviewed and is identified Tracking Ticket Number: 5-286

by a i at the beginning of each equivalent NRC regulation] Date: October 17, 2005

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P

Final (F)1 Ru

ML #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's Instructions-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 (License

Condition )

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

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 28323; (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 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part

71

60 FR 50248; 61 FR 28723

(4/1/99)

1996-1 F

One Time Extension of Certain Byproduct, Source and Special Nuclear

Materials Licenses-Parts 30, 40, 70

61 FR 1109; (none) 1996-2
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P

Final (F)1 Ru

ML #5

Termination or Transfer of Licensed Activities: Recordkeeping RequirementsParts 20, 30, 40, 61, 7061 FR 24669; (6/17/99) 1996-3 P

ML050900337

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials;

Clean Air Act-Part 20

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

ML050900337

License Condit

ML050670114

i 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 P ML05090033

License Condit

150.20 

ML052720200

Criteria for the Release of Individuals Administered Radioactive MaterialParts 20, 3562 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

Industrial Radiography 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 P

ML050900337

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

ML050900337

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-BondIssuing Licensees- Parts 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

ML050900337

Transfer for Disposal and Manifests: Minor Technical Conforming AmendmentPart 2063 FR 50127; (11/20/01) 1998-6 P

ML050900337

Radiological Criteria for License Termination of Uranium Recovery FacilitiesPart 4064 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 55525

(2/2/03)

1999-3 P

ML050900337

Energy Compensation Sources for Well Logging and Other Regulatory

Clarifications-Part 39

65 FR 20337; (5/17/03) 2000-1 F

ML042720491

ML042660535

ML042520322

New Dosimetry Technology-Parts 34, 36, 39 65 FR 63749; (1/8/04) 2000-2 F (License

Condition)

ML042720491

ML042660535

ML042520322

Requirements for Certain Generally Licensed Industrial Devices Containing

Byproduct Material-Parts 30, 31, 32

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

ML050900337

Revision of the Skin Dose Limit-Part 20 67 FR 16298; (4/5/04) 2002-1 P
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P

Final (F)1 Ru

ML #5

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 Statement on Adequacy and 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.

ML050900337

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 and 70 68 FR 57327; (12/3/06) 2003-1

Compatibility With IAEA Transportation Safety Standards and Other

Transportation Safety Amendments - Part 71

69 FR 3697; (10/01/07) 2004-1