October 27, 2006

Marie Stoeckel, Chief

Office of Occupational & Radiological Health

Rhode Island Department of Health

3 Capitol Hill, Room 206

Providence, RI 02908

Dear Ms. Stoeckel:

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

for the Control of Radiation [R23-1.3-RAD], received by our office on September 27, 2006. 

These regulations were reviewed by comparison to the equivalent Nuclear Regulatory

Commission (NRC) rules in 10 CFR Parts 30, 31, 32, 40, 70 and the requirements of the three

amendments identified in the enclosed State Regulation Status (SRS) Data Sheet. We

discussed our review of the regulations with Jack Ferruolo on October 25, 2006.

As noted in All Agreement States letter STP-05-072, dated September 28, 2005, NRC staff will

continue to hold in abeyance any determination on those rules and compatibility of10 CFR 31.5

and 31.6, if the Agreement State has the essential elements of the NRC’s rule and is more

restrictive than the NRC’s rule.

We transmitted the results of our re-review of the GL amendment to you August 31, 2006 and

appreciate the additional information provided in e-mail dated September 27, 2006. The three

comments that have been identified in the enclosure still stand. Comment 2 indicates that the

State’s regulation is more restrictive than the NRC’s regulation, and there is no corrective action

required for this comment at this point. However, Comments 1 and 3 indicate that the State’s

regulations are less restrictive than the NRC’s regulations, and they need to be addressed in

the State’s future rulemaking process. We request that when a final amended version of

Rhode Island regulations are adopted and published in response to our comments, that 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.

As a result of our review of the other rules, we have no comments. Please note that we have

limited our review to regulations required for compatibility and/or health and safety. However,

we have determined that these comments must be addressed to meet the compatibility and

health and safety categories established in the Office of State and Tribal Programs (STP)

Procedure SA-200, Compatibility Categories and Health and Safety Identification for NRC

Regulations and Other Program Elements.

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. 
Marie Stoeckel, Chief -2- October 27, 2006

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 S.W. Moore\

Scott W. Moore, Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials and

 Environmental Management Programs

Enclosures: 

As stated
Marie Stoeckel, Chief -2- October 27, 2006

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 S.W. Moore\

Scott W. Moore, 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 (6-266) SUNSI Review Complete

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

Duncan White, RSAO : Non-Sensitive G Sensitive

O.Siurano, ASPO Washington File

DOCUMENT NAME: C:\FileNet\ML063030281.wpd

ML of Incoming Document:ML062700535

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 SAIS OGC SAIS:DD

NAME JTobin KSchneider STreby SMoore

DATE 9-29-06* 10/10/06* 10/25/06* 10/27/06*

ML063030281 OFFICIAL RECORD COPY MLPkg.ML063030278
COMPATIBILITY COMMENTS ON RHODE ISLAND FINAL REGULATIONS

STATE

SECTION

NRC

SECTION

RATS ID CATEGORY SUBJECT and COMMENTS

1 C.4.2(b)(6)(ii) 31.5(c)(11) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Rhode Island has omitted a portion of

the requirements in 10 CFR

31.5(c)(11), regarding general license

response to information requests

within 30 calendar days. Rhode Island

regulation C.4.2(b)(6)(ii) doesn’t

require that the registration be written

or provide a contingency should the

requester be unable to meet the 30

day requirement.

Rhode Island needs to adopt the

requirements of 10 CFR 31.5(c)(11) to

C.4.2(b)(3) to meet the Compatibility

Category B designation assigned to 10

CFR 31.5(c)(11). 
STATE

SECTION

NRC

SECTION

RATS ID CATEGORY SUBJECT and COMMENTS

2 C.4.2(b)(6) 31.5(c)(13)

(iv)

2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Rhode Island has omitted a portion of

the provisions 10 CFR 31.5(c)(13)(iv),

regarding the applicability of the

registration requirements for the GL

devices licensed by an Agreement

State or by the NRC, that are used in

Rhode Island for less than 180 days.

 

Rhode Island’s rule has the essential

elements of the NRC, but is more

restrictive than the NRC’s GL rule. 

As noted in the September 28, 2005

All Agreement States Letter STP-05-

072, the determination on this

provision will be held in abeyance until

such time that the NRC completes its

review and response to the

Organization of Agreement State

petition and State of Florida’s request

on compatibility changes for the GL

rule.
STATE

SECTION

NRC

SECTION

RATS ID CATEGORY SUBJECT and COMMENTS

3 C.4.2(b) 31.5(d) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Rhode Island has omitted the

requirement of 10 CFR 31.5(d)

regarding the manufacturing or

importing of GL devices that contain

byproduct material. Even though the

authority to import is reserved to the

NRC, Rhode Island must adopt the

language in 31.5(d) for not allowing a

general licensee to manufacture or

import devices containing byproduct

material.

Rhode Island needs to add the

requirements of 10 CFR 31.5(d) to

C.4.2(b) to meet the Compatibility

Category B designation assigned to 10

CFR 31.5(d).
STATE REGULATION STATUS

State: RHODE ISLAND (3 amendments reviewed identified by a i Tracking Ticket Number

 at the beginning of equivalent NRC requirement) Date: October 27, 2006

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: DocumentationAdditions [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 
NRC Chronology Identification FR Notice

(Date Due for State Implementation))

RATS ID Proposed (P) /

Final (F)1 Rule 

LicenseCondition (LC)ML #4

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

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

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

ML041590261

Criteria for the Release of Individuals Administered Radioactive MaterialParts 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 forIndustrial 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 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 
NRC Chronology Identification FR Notice

(Date Due for State Implementation))

RATS ID Proposed (P) /

Final (F)1 Rule 

LicenseCondition (LC)ML #4

Licenses for Industrial Radiography and Radiation Safety Requirements forIndustrial Radiographic 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

(10/26/01)

1998-5 F 

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

iRequirements 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

iFinancial 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

iSecurity 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) 2006-1

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 State

Compatibility of Agreement State Programs,” III.1.Time From For Adoption of Compatible State Regulations, p. 6, SECY-95-112, May 3, 

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 

binding 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 Agreem

072.