January 5, 2005

Steve Tarlton, P.E., Unit Leader

Radioactive Materials Management Unit

Colorado Department of Public Health and Environment

8100 Lowry Boulevard

Denver, CO 80230-6928

Dear Mr. Tarlton:

We have reviewed the final revisions to the Colorado regulations contained in Parts 1, 3, 4, 5,

16, and 19 submitted to this office in response to our draft comments on the proposed version

of these rules. These rules were received electronically by this office on November 23, 2004. 

In addition, we reviewed your responses to our letter, dated November 10, 2004, which

contained our comments on your proposed version of these rules. These regulations were

reviewed by comparison to the equivalent NRC rules in 10 CFR Parts 19, 20, 30, 32, 34, 35, 39,

61, 71, 150, and the requirements of the 14 amendments identified in the enclosed States

Regulation Status Data Sheet (SRS). 

As a result of our review, we have two comments that carry over from our letter dated

November 10, 2004, and that have been enclosed in the attached chart for your convenience. 

It is understood from a discussion with Mr. Ken Weaver on October 27, 2004, that these two

items will be addressed in a future rulemaking. Following this future rulemaking, please provide

a final amended “as published” version of parts 1, 3, 4, 5, 16, and 19 showing the location of

any changes made in response to these two comments. If there are any comments which the

State believes are in error, Colorado should identify the section of their regulations that meet

the designated compatibility category. Please note that we have limited our review to

regulations required for compatibility and/or health and safety, but have determined that if these

regulations are adopted, incorporating our comments 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.

The SRS summarizes our knowledge of the status of other Colorado regulations, as indicated. 

Please let us know if you note any inaccuracies, or have any comments on the information

contained in the SRS. This letter, including the SRS, is posted on the STP website: 

http://www.hrsd.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 William

Rautzen of my staff at (301)415-7206 or WRR@NRC.GOV. 

Sincerely, 

\RA By K.N. Schneider For\

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures:

As stated
January 5, 2004

Steve Tarlton, P.E., Unit Leader

Radioactive Materials Management Unit

Colorado Department of Public Health and Environment

8100 Lowry Boulevard

Denver, CO 80230-6928

Dear Mr. Tarlton:

We have reviewed the final revisions to the Colorado regulations contained in Parts 1, 3, 4, 5,

16, and 19 submitted to this office in response to our draft comments on the proposed version

of these rules. These rules were received electronically by this office on November 23, 2004. 

In addition, we reviewed your responses to our letter, dated November 10, 2004, which

contained our comments on your proposed version of these rules. These regulations were

reviewed by comparison to the equivalent NRC rules in 10 CFR Parts 19, 20, 30, 32, 34, 35, 39,

61, 71, 150, and the requirements of the 14 amendments identified in the enclosed SRS. 

As a result of our review, we have two comments that carry over from our letter dated

November 10, 2004, and that have been enclosed in the attached chart for your convenience. 

It is understood from a discussion with Mr. Ken Weaver on October 27, 2004, that these two

items will be addressed in a future rulemaking. Following this future rulemaking, please provide

a final amended “as published” version of parts 1, 3, 4, 5, 16, and 19 showing the location of

any changes made in response to these two comments. If there are any comments which the

State believes are in error, Colorado should identify the section of their regulations that meet

the designated compatibility category. Please note that we have limited our review to

regulations required for compatibility and/or health and safety, but have determined that if these

regulations are adopted, incorporating our comments 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.

The SRS summarizes our knowledge of the status of other Colorado regulations, as indicated. 

Please let us know if you note any inaccuracies, or have any comments on the information

contained in the SRS. This letter, including the SRS, is posted on the STP website: 

http://www.hrsd.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 William

Rautzen of my staff at (301)415-7206 or WRR@NRC.GOV. 

Sincerely,

\RA By K.N. Schneider For\

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: As stated

Distribution:

DIR RF[4-339] DCD (SP08) PDR (YES_T) Response to Incoming Document: ML043290167 VCampbell, RSAO 

 TBrock, ASPO Colorado File Document Name:E:\Filenet\ML050050164.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 OGC STP:DD

NAME WRautzen STreby KNSchneider for JMPiccone

DATE 12 /14 /04* 1/04/05* 1/05/05*

ML050050164 OFFICIAL RECORD COPY
COMPATIBILITY COMMENTS ON COLORADO FINAL REGULATIONS

Unresolved Comments from NRC Letter Dated November 10, 2004

STATE

SECTION

NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 RH 10.3.1.3 19.12(a)(3) 1995-5 C Instruction to Workers

10 CFR 19.12(a) (3) states

“Instruction in, and required

to...”. The State substitutes the

word “instructed” for “required.” 

Due to this substitution, the

State’s text does not mean the

same thing as 19.12 (a) (3).

The State needs to adopt the

word, “required,” in lieu of

“instructed” to meet the essential

objective of Category C.

2 RH 10.3.1.2,

4, and 6

19.12(a) 1995-5 C Instruction to Workers

The State uses “or” instead of

“and/or” in the NRC regulation. 

By having “and/or” the

application is broader than only

“or.”

The State needs to replace

“and/or” in the three paragraphs

to meet the essential objectives

of Category C.
STATE REGULATION STATUS

State: Colorado[14 amendments reviewed is identified by a i Track

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

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 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) 1991-4 F Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1Eliminating 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 F i Definition of Land Disposal and Waste Site QA Program-Part 61 58 FR 33886; (7/22/96) 1993-3 F

ML043290

Self-Guarantee as an Additional Financial Mechanism-Parts 30, 40, 70 58 FR 68726; 59 FR 1618

(none)

1994-1 F 

i Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPA StandardsPart 40 59 FR 28220; (7/1/97) 1994-2 FML043290

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 

i Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983

(3/1/98)

1995-3 F

ML043290

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

i Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 F

ML043290
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID

Proposed / Final (F)

Rule / ML 

i Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 F

ML043290

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

ML043290

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 

One Time Extension of Certain Byproduct, Source and Special Nuclear MaterialsLicenses-Parts 30, 40, 70

61 FR 1109; (none) 1996-2 

i Termination or Transfer of Licensed Activities: Record keeping Requirements-Parts 20,

30, 40, 61, 70

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

ML043290

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

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

Recognition of Agreement State Licenses in Areas Under Exclusive Federal JurisdictionWithin an Agreement State-Part 150

62 FR 1662; (2/27/00) 1997-2 F 

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 P 

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 

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 Micro curie 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

ML010380

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 

i 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

ML043290

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

ML042440
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. ADAMS ML Number.

Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1 F

ML020320

Requirements for Those Who Possess Certain Industrial Devices Containing ByproductMaterial to Provide Requested Information-Part 31

64 FR 42269; (none) 1999-2 

i Respiratory Protection and Controls to Restrict Internal Exposure-Part 20 64 FR 54543; 64 FR 55524

(2/2/03)

1999-3 F

ML043290

Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part39

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

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

ML043290

i Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct

Material - Parts 30, 31, 32

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

ML043290

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

ML043290

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

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

ML043290

Compatibility With IAEA Transportation Safety Standards and Other Transportation SafetyAmendments – Part 71.

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