August 2, 2004

Mr. John L. Ferruolo

Supervising Radiological Health Specialist

Office of Occupational and Radiological Health

Department of Health

3 Capitol Hill

Providence RI 02908-5097

Dear Mr. Ferruolo: 

We have reviewed the proposed changes to the Rhode Island regulations, R23-1.3-RAD,

“Rhode Island Rules and Regulations for the Control of Radiation”. Our review and comments

are in response to the State’s request, via phone call, for Nuclear Regulatory Commission

(NRC) evaluation of the changes to Rhode Island’s radiation control rules that incorporated the

amendments identified on the State Regulation Status Data Sheet (SRS). These regulations

were reviewed by comparison to the equivalent NRC rules in 10 CFR Part 150 and the

requirements of the one amendment identified in the enclosed SRS. We discussed our review

of the regulations with Mr. William Dundulis, of your staff, on August 2, 2004.

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 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 these regulations are 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 the NRC for review. 

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 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 

John Zabko of my staff at (301) 415-2308 or JGZ@NRC.GOV. 

Sincerely,

\RA By K.N. Schneider For\

Josephine Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
August 2, 2004

Mr. John L. Ferruolo

Supervising Radiological Health Specialist

Office of Occupational and Radiological Health

Department of Health

3 Capitol Hill

Providence RI 02908-5097

Dear Mr. Ferruolo: 

We have reviewed the proposed changes to the Rhode Island regulations, R23-1.3-RAD,

“Rhode Island Rules and Regulations for the Control of Radiation”. Our review and comments

are in response to the State’s request, via phone call, for Nuclear Regulatory Commission

(NRC) evaluation of the changes to Rhode Island’s radiation control rules that incorporated the

amendments identified on the State Regulation Status Data Sheet (SRS). These regulations

were reviewed by comparison to the equivalent NRC rules in 10 CFR Part 150 and the

requirements of the one amendment identified in the enclosed SRS. We discussed our review

of the regulations with Mr. William Dundulis, of your staff, on August 2, 2004.

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 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 these regulations are 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 the NRC for review. 

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 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 

John Zabko of my staff at (301) 415-2308 or JGZ@NRC.GOV. 

Sincerely,

\RA By K.N. Schneider For\

Josephine Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: As stated

Distribution:

DIR RF [4-188]

Rhode Island DCD PDR (YES_) DSollenberger, ASPO DWhite RSAO

Response to Incoming Document: ML040760420 Rhode Island File

DOCUMENT NAME: C:\ORPCheckout\FileNET\ML042160220.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 JZabko STreby KNSchneider for JPiccone

DATE 07/22/04* 07/30/04* 08/02/04*

ML042160220 OFFICIAL RECORD COPY
STATE REGULATION STATUS

State: RHODE ISLAND (1 amendment reviewed is identified by a  Tracking Ticket 

 at the beginning of equivalent NRC regulation) Date: Au

NRC Chronology Identification FR Notice

(Date Due for State Implementation))

RATS ID Proposed (P) /

Final (F)1 Rule 

ML #4

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

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 F-N Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1 F-N Eliminating the Recordkeeping Requirements for Departures from Manufacturer’s

Instructions-Parts 30,35

57 FR 45566; (none) 1992-2 

Decommissioning Recordkeeping and License Termination: DocumentationAdditions [Restricted areas and spill sites]-Parts 30, 40 

58 FR 39628; (10/25/96) 1993-1 F-N 

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-N 

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-N 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-N 

Frequency of Medical Examinations for Use of Respiratory Protection EquipmentPart 20 60 FR 7900; (3/13/98) 1995-2 F-N Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983

(3/1/98)

1995-3 F-N 

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 F-N Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 F-Y 
NRC Chronology Identification FR Notice

(Date Due for State Implementation))

RATS ID Proposed (P) /

Final (F)1 Rule 

ML #4

Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 F-N Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 F-N 10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28723

(4/1/99)

1996-1 P-Y

ML040760420

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-N 

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

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

ML040760420

 Recognition of Agreement State Licenses in Areas Under Exclusive FederalJurisdiction Within an Agreement State-Part 150

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

ML041590261

Criteria for the Release of Individuals Administered Radioactive MaterialParts 20, 35 62 FR 4120; (5/29/00) 1997-3 F-N Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4 

Licenses for Industrial Radiography and Radiation Safety Requirements forIndustrial Radiography Operations-Parts 30, 34, 71, 150

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

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

ML040760420

Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14Urea-Part 30 

62 FR 63634; (1/02/01) 1997-7 F-N 

Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773

(2/12/01)

1998-1 P-N

ML040760420

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 forIndustrial Radiographic Operations-Part 34

63 FR 37059; (7/9/01) 1998-4 F-N 

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-N 
NRC Chronology Identification FR Notice

(Date Due for State Implementation))

RATS ID Proposed (P) /

Final (F)1 Rule 

ML #4

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

ML040760420

Medical Use of Byproduct Material-Parts 20, 32, 35 67 FR 20249; (10/25/05) 2002-2 P-Y

ML040760420

Financial Assurance for Materials Licensees 

– Parts 30, 40, 70 68 FR 57327 12/3/06 2003-1 P-Y

ML040760420

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

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

ML040760420

Energy Compensation Sources for Well Logging and Other Regulatory ClarificationsPart 39 65 FR 20337; (5/17/03) 2000-1 P-N ML040760420 

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

ML040760420

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

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

ML040760420