August 3, 2007

Patricia Gardner, Manager

Bureau of Environmental Radiation

New Jersey Department of Environmental Protection

P.O. Box 415

Trenton, NJ 08625-0415

Dear Ms. Gardner:

We have reviewed the proposed revision to the New Jersey Department of Environmental

Protection’s Radiation Protection Programs’ Rules (N.J.A.C. 7:28-1 et seq.), received by our

office on June 7, 2007. These regulations were reviewed by comparison to the equivalent

Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 19, 20, 30, 31, 32, 34, 35, 36, 39,

40, 61, 70, 71, and 150. We discussed our review of the regulations with Richard Peros on

August 2, 2007.

As a result of our review, we have 25 comments that have been identified in the enclosure. 

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 the New Jersey regulations meet

the compatibility and health and safety categories of the equivalent NRC regulation may only be

made based on a review of the final New Jersey regulations. However, we have determined

that if your proposed regulations were adopted, incorporating our comments and without other

significant change, they would 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.

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 FSME

Procedure SA-201, “Review of State Regulatory Requirements,” please highlight the final

changes, and provide a copy to Division of Materials Safety and State Agreements, FSME.

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

contained in the Enclosure. This letter, including the SRS Data Sheet, is posted on the FSME

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 Aaron T.

McCraw at 301-415-1277 or via e-mail at atm@nrc.gov.

Sincerely,

\RA By KNSchneider For\

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
August 3, 2007

Patricia Gardner, Manager

Bureau of Environmental Radiation

New Jersey Department of Environmental Protection

P.O. Box 415

Trenton, NJ 08625-0415

Dear Ms. Gardner:

We have reviewed the proposed revision to the New Jersey Department of Environmental

Protection’s Radiation Protection Programs’ Rules (N.J.A.C. 7:28-1 et seq.), received by our

office on June 7, 2007. These regulations were reviewed by comparison to the equivalent

Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 19, 20, 30, 31, 32, 34, 35, 36, 39,

40, 61, 70, 71, and 150. We discussed our review of the regulations with Richard Peros on

August 2, 2007. As a result of our review, we have 25 comments that have been identified in

the enclosure. 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 the New

Jersey regulations meet the compatibility and health and safety categories of the equivalent

NRC regulation may only be made based on a review of the final New Jersey regulations. 

However, we have determined that if your proposed regulations were adopted, incorporating

our comments and without other significant change, they would 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.

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 FSME

Procedure SA-201, “Review of State Regulatory Requirements,” please highlight the final

changes, and provide a copy to Division of Materials Safety and State Agreements, FSME. 

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

contained in the Enclosure. This letter, including the SRS Data Sheet, is posted on the FSME

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 Aaron T.

McCraw at 301-415-1277 or via e-mail at atm@nrc.gov.

Sincerely,

\RA By\

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 (7-49) DCD (SP05) DJanda, RI/RSAO MOrendi, FSME/DMSSA

NMcNamara, RI/RSLO JTobin, FSME/DILR MMcLaughlin, RI/RSLO

WRautzen, FSME/DMSSA ML of Incoming Document: ML071630325

DOCUMENT NAME: C:\FileNet\ML072200338.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

OFC FSME/DMSSA FSME/DMSSA OGC FSME/DMSSA

NAME ATMcCraw KSchneider FXCameron SWMoore

DATE 06/27/07* 6/27/07* 07/26/07* 08/03/07*

ML072200338 OFFICIAL RECORD COPY MLPKG.072200344
COMPATIBILITY COMMENTS ON NEW JERSEY PROPOSED REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 7:28-1.4(a) 20.1003 N/A A Definition of “dose equivalent”

New Jersey states “...product of the

absorbed dose in tissue quality factor,

and...” New Jersey should say

“...product of the absorbed dose in

tissue, quality factor, and...” in their

definition of “dose equivalent.”

New Jersey needs to make the above

change in order to meet the

Compatibility Category A designation

assigned to 10 CFR 20.1003,

definition of “dose equivalent.”

2 7:28-1.4(a) 20.1003 N/A A Definition of “occupational dose”

New Jersey does not specifically

exclude doses received from

voluntary participation in medical

research programs.

New Jersey needs to make the above

change in order to meet the

Compatibility Category A designation

assigned to 10 CFR 20.1003,

definition of “occupational dose.”

3 7:28-1.4(a) 20.1003 N/A [C] Definition of “person”

New Jersey includes “...Government

agency other than the NRC or the

Department of Energy...” in their

definition of “person.” New Jersey

should remove this language because

other Federal Agencies would be

regulated by the NRC. If New Jersey

has issued licenses/registrations to

other Federal Agencies for the use of

non-AEA materials or machines, then

inclusion of this language is

acceptable.

New Jersey needs to make the above

change in order to meet the

Compatibility Category [C]

designation assigned to 10 CFR

20.1003, definition of “person.”
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

4 7:28-12.3 20.1003 N/A B Definition of “residual

radioactivity”

New Jersey states “...in accordance

with the provisions of US NRC

regulations at Title 10 CFR part 20”. 

New Jersey should say “... in

accordance with the provisions of US

NRC regulations at Title 10 CFR part

20 or the provisions of NJAC 7:28-

11.4.”

New Jersey needs to make the above

change in order to meet the

Compatibility Category B designation

assigned to 10 CFR 20.1003,

definition of “residual radioactivity.”

5 7:28-6.1(d) 20.1201 N/A A Occupational dose limits for adults

New Jersey incorrectly refers to

NJAC 7:28-6.5. The correct

reference is NJAC 7:28-8.9.

New Jersey must correct the

reference in order to meet the

Compatibility Category A designation

assigned to 20.1201.

6 7:28-6.1(f) 20.1201 N/A A Occupational dose limits for adults

New Jersey incorrectly refers to

NJAC 7:28-6.4(e). The correct

reference is NJAC 7:28-8.7(e).

New Jersey must correct the

reference in order to meet the

Compatibility Category A designation

assigned to 20.1201.

7 7:28-

6.4(c)(2)

20.1204 N/A A Determination of internal exposure

New Jersey states that approval is

the responsibility of the Commission. 

Approval should be delegated to the

Department, as defined in NJAC

7:28-1.4(a).

New Jersey must make the above

noted change in order to meet the

Compatibility Category A designation

assigned to 20.1204.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

8 7:28-

6.4(c)(3) and

(e)(1)

20.1204 N/A A Determination of internal exposure

New Jersey refers to an “appendix to

this subchapter;” however, there is

not an appendix to the subchapter. 

All other references to the intended

appendix direct the reader to

Appendix B of 10 CFR 20.

New Jersey must appropriately

reference the proper appendix in

order to meet the Compatibility

Category A designation assigned to

20.1204.

9 7:28-6.7(a) 20.1208 N/A A Dose equivalent to an

embryo/fetus

New Jersey incorrectly refers to

NJAC 7:28-8.8. The correct

reference is NJAC 7:28-8.9.

New Jersey must correct the

reference in order to meet the

Compatibility Category A designation

assigned to 20.1208.

10 7:28-6.8(a) 20.1301(a) N/A A Dose limits for individual members

of the public

New Jersey does not specifically

exclude doses received from

voluntary participation in medical

research programs.

New Jersey needs to make the above

change in order to meet the

Compatibility Category A designation

assigned to 10 CFR 20.1301(a).
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

11 7:28-12.11(f) 20.1404 N/A N/A Alternate criteria for license

terminations

In 7:28-12.11(f), New Jersey directly

states that Long Term Control

licenses issued by the NRC are not

valid. This is a contradiction to the

criteria for an Agreement with the

NRC, which requires reciprocal

recognition of licenses issued by

other jurisdictions. Failure to

recognize an NRC license would

essentially create a regulatory gap

during the time between the signing

of an Agreement and issuance of a

New Jersey license. Retention of this

paragraph could be grounds for

denying an application for an

Agreement with the NRC.

New Jersey must remove the

statement in 7:28-12.11(f) to ensure

recognition of all types of licenses

issued by other jurisdictions.

12 7:28-10.3(c) 20.1601(b) N/A H&S Control of access to high radiation

areas

New Jersey incorrectly refers to

paragraph (a) of the same section. 

The correct reference is to paragraph

(b) of that section.

New Jersey must correct the

reference in order to meet the

Compatibility Category H&S

designation assigned to 20.1601.

13 7:28-10.3(e) 20.1601(d) N/A H&S Control of access to high radiation

areas

New Jersey incorrectly refers to

paragraphs (a) and (c) of the same

section. The correct references are

to paragraphs (b) and (d) of that

section.

New Jersey must correct the above

noted references in order to meet the

Compatibility Category H&S

designation assigned to 20.1601.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

14 7:28-10.7(a) 20.1904(a) N/A A Labeling containers

In 7:28-10.7(a), New Jersey has

partial requirements for 20.1904(a)

listed. Because they go on to adopt

20.1904(a) in its entirety in 7:28-

10.7(b), New Jersey should delete

7:28-10.7(a) from their regulations to

eliminate any duplication of

regulation.

New Jersey needs to delete 7:28-

10.7(a) from their regulations to

eliminate any duplication of

regulation.

15 7:28-11.2 20.2003(a)(4) N/A C Disposal by release into sanitary

sewerage

New Jersey allows yearly release of 5

Curie (Ci) (185 GBq) of Carbon-14

into the “domestic treatment works”

instead of the 1 Ci (37 GBq) allowed

in 20.2003. New Jersey must at least

be as restrictive as NRC

requirements.

New Jersey needs to adopt the 1 Ci

annual release limit equivalent to

20.2003(a)(4) in order to meet the

Compatibility Category C designation

assigned to 20.2003(a)(4).
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

16 7:28-10.12 Appendix C N/A A Quantities of licensed materials

requiring labeling

1.) Lanthanum-142 is listed at

100, should be 1000.

2.) Lanthanum-143 needs to be

added.

3.) Cerium-134 needs to be

added.

4.) Cerium-135 needs to be

added.

5.) Europium-157 is listed at .100,

should be 100.

6.) Rhenium-183 needs to be

deleted.

7.) Thorium-232 is listed at .100,

should be 100.

8.) New Jersey needs to adopt

Footnote 1 Appendix C of

10CFR20 explaining the

derivation of the values.

New Jersey needs to make the above

changes in order to meet the

Compatibility Category A designation

assigned to Appendix C.

17 7:28-51.1

(c)(6)

30.20 N/A B Gas and aerosol detectors

containing byproduct material

New Jersey states “10 C.F.R.

19.20(a), delete...”. New Jersey

should say “ 10 C.F.R. 30.20(a),

delete.....” in 7:28-51.1(c)(6).

New Jersey needs to make the above

change in order to meet the

Compatibility Category B designation

assigned to 10 CFR 30.20
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

18 7:28-51.1(b) 30.21(c) N/A NRC Radioactive drug: Capsules

containing carbon-14 urea for “in

vivo” diagnostic use for humans

New Jersey adopts by reference

30.21(c) which is a Compatibility

Category NRC. This is a NRC

program element that addresses

areas of regulation that cannot be

relinquished to Agreement States

pursuant to the Atomic Energy Act or

provisions of 10 CFR regulations. The

State should not adopt 10 CFR

30.21(c).

New Jersey should not incorporate by

reference 10 CFR 30.21(c) in order to

meet the Compatibility Category NRC

designation assigned to 10 CFR

30.21(c).

19 7:28-51.1(b) 30.34

(d)(e)(1)&(e)(3)

N/A NRC Terms and conditions of licenses

New Jersey adopts by reference

30.34(d)(e)(1)&(e)(3) which is a

Compatibility Category NRC. This is a

NRC program element that

addresses areas of regulation that

cannot be relinquished to Agreement

States pursuant to the Atomic Energy

Act or provisions of 10 CFR

regulations. The State should not

adopt 10 CFR 30.34(d)(e)(1)&(e)(3).

New Jersey should not incorporate by

reference 10 CFR 30.34(d)(e)(1)

&(e)(3) in order to meet the

Compatibility Category NRC

designation assigned to 10 CFR

30.34(d)(e)(1)&(e)(3).
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

20 7:28-51.1(b) 30.41(a)(6) N/A NRC Transfer of byproduct material

New Jersey adopts by reference

30.41(b(6) which is a Compatibility

Category NRC. This is a NRC

program element that addresses

areas of regulation that cannot be

relinquished to Agreement States

pursuant to the Atomic Energy Act or

provisions of 10 CFR regulations. The

State should not adopt 10 CFR

30.41(b)(6).

New Jersey should not incorporate by

reference 10 CFR 30.41(b)6) in order

to meet the Compatibility Category

NRC designation assigned to 10 CFR

30.41(b(6).

21 7:28-51.1(b)

and (c)

30.55 N/A NRC Tritium Reports

New Jersey adopts by reference

30.55 which is a Compatibility

Category NRC. This is a NRC

program element that addresses

areas of regulation that cannot be

relinquished to Agreement States

pursuant to the Atomic Energy Act or

provisions of 10 CFR regulations. The

State should not adopt 10 CFR 30.55.

New Jersey should not incorporate by

reference 10 CFR 30.55 in order to

meet the Compatibility Category NRC

designation assigned to 10 CFR

30.55.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

22 7:28-58.1 40.51(b)(6) N/A NRC Transfer of source or byproduct

material

New Jersey adopts by reference

40.51(b)(6) which is a Compatibility

Category NRC. This is a NRC

program element that addresses

areas of regulation that cannot be

relinquished to Agreement States

pursuant to the Atomic Energy Act or

provisions of 10 CFR regulations. The

State should not adopt 10 CFR

40.51(b)(6).

New Jersey should not incorporate by

reference 10 CFR 40.51(b)(6) in

order to meet the Compatibility

Category NRC designation assigned

to 10 CFR 40.51(b)(6).

23 7:28-61.1 71.0(d), 71.14(b),

and 71.19

N/A NRC Adoption by Reference for IAEA

Transportation Amendments

New Jersey adopts by reference

71.0(d), 71.14(b), and 71.19, which

are all Compatibility Category NRC.

These requirements reflect NRC

program elements that cannot be

relinquished to an Agreement States

pursuant to the Atomic Energy Act or

provisions of 10 CFR regulations. 

The State should exclude any

references to 71.0(d), 71.14(b), and

71.19.

New Jersey should not incorporate by

reference 10 CFR 71.0(d), 71.14(b),

and 71.19 in order to meet the

Compatibility Category NRC

designation assigned to these

regulations.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

24 7:28-61.1 71.101(c)(2),

71.107,

71.109,

71.111,

71.113,

71.115,

71.117,

71.119,

71.121,

71.123, and

71.125

N/A NRC Adoption by Reference for IAEA

Transportation Amendments 

Section 71.101(b) (Establishment of a

quality assurance program for

packaging), which is designated as

compatibility category C, states that

“Each licensee, certificate holder, and

applicant for a CoC shall establish,

maintain, and execute a quality

assurance program satisfying each of

the applicable criteria of §§ 71.101

through 71.137....” However, sections

71.101(c)(2), (d) & (e), 71.107,

71.109, 71.111, 71.113, 71.115,

71.117, 71.119, 71.121, 71.123, and

71.125 have been designated as

compatibility category NRC. Thus, for

a state to adopt the essential

objectives of 71.101(b), as would be

required under compatibility category

C, it would be inadvertently required

to adopt requirements contained in

provisions reserved to the NRC.

Recognizing this discrepancy, NRC

staff members are re-reviewing the

compatibility designation of the

referenced sections. No changes to

New Jersey’s regulations are required

until the NRC completes its review of

part 71 and reports its results to the

States.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

25 7:28-62.1 150.20 N/A Cparagraphs

(a) & (b) &

NRCparagraphs

(c) & (d)

Recognition of Agreement State

licenses

As 150.20(b) is incorporated by

reference, New Jersey would issue

general licenses to Agreement States

licensees, and not NRC licensees, to

operate in areas of exclusive Federal

jurisdiction and offshore waters,

although these areas are specifically

excludes under the reference to

150.20(a). New Jersey does not

have the authority to issue general

licenses to operate in areas of

exclusive Federal jurisdiction and off

shore waters. New Jersey can only

issue general licenses to Agreement

State and NRC licensees wishing to

operate within New Jersey’s

jurisdiction.

New Jersey needs to modify their

incorporation of Part 150 by

reference, specifically 150.20(b), to

clarify that general licenses will not be

issued to operate in areas of

exclusive Federal jurisdiction and

offshore waters but within New

Jersey’s jurisdiction, and that

reciprocity licenses will be issued to

other Agreement State and NRC

licensees, not just Agreement State

licensees.
STATE REGULATION STATUS

NEW JERSEY Track(The entire New Jersey Radiation Protection Program Rules were submitted Datin preparation of a draft application for an Agreement. All amendments in this chart were reviewed)

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule / ML #2

NRC Review Y, N3 / Date /

ML #2

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

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

Licensing and Radiation Safety Requirements for Irradiators - Part 36 58 FR 7715; (7/1/96) 1993-2Definition 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 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) 1994-3Preparation, Transfer for Commercial Distribution, and Use of ByproductMaterial for Medical Use - Parts 30, 32, 35

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

1995-1

 Frequency of Medical Examinations for Use of Respiratory ProtectionEquipment - Part 20

60 FR 7900; (3/13/98) 1995-2

Low-Level Waste Shipment Manifest Information and Reporting - Parts 20,61

60 FR 15649; 60 FR 25983(3/1/98)

1995-3

Performance Requirements for Radiography Equipment - Part 34 60 FR 28323; (6/30/98) 1995-4 Radiation Protection Requirements: Amended Definitions and Criteria -Parts 19, 20

60 FR 36038; (8/14/98) 1995-5

Clarification of Decommissioning Funding Requirements - Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6Medical Administration of Radiation and Radioactive Materials - Parts 20,35

60 FR 48623; (10/20/98) 1995-7 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule / ML #2

NRC Review Y, N3 / Date /

ML #2

10 CFR Part 71: Compatibility with the International Atomic EnergyAgency - Part 71

60 FR 50248; 61 FR 28724(4/1/99)

1996-1 

One Time Extension of Certain Byproduct, Source and Special NuclearMaterials Licenses - Parts 30, 40, 70

61 FR 1109; (none) 1996-2 

Termination or Transfer of Licensed Activities: RecordkeepingRequirements - Parts 20, 30, 40, 61, 70

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

Resolution of Dual Regulation of Airborne Effluents of RadioactiveMaterials; Clean Air Act - Part 20

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

Recognition of Agreement State Licenses in Areas Under ExclusiveFederal Jurisdiction Within an Agreement State - Part 150

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

Criteria for the Release of Individuals Administered Radioactive Material -Parts 20, 35

62 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 forIndustrial Radiography Operations - Parts 30, 34, 71, 150

62 FR 28947; (6/27/00) 1997-5

Radiological Criteria for License Termination - Parts 20, 30, 40, 70 62 FR 39058; (8/20/00) 1997-6Exempt Distribution of a Radioactive Drug Containing One Microcurie ofCarbon-14 Urea - Part 30 

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

Deliberate Misconduct by Unlicensed Persons - Parts 30, 40, 61, 70, 71,150

63 FR 1890; 63 FR 13773(2/12/01)

1998-1

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

Minor Corrections, Clarifying Changes, and a Minor Policy Change - Parts20, 35, 36

63 FR 39477; 63 FR 45393(10/26/01)

1998-5

Transfer for Disposal and Manifests: Minor Technical ConformingAmendment - Part 20

63 FR 50127; (11/20/01) 1998-6

Radiological Criteria for License Termination of Uranium RecoveryFacilities - Part 40

64 FR 17506; (6/11/02) 1999-1

Requirements for Those Who Possess Certain Industrial DevicesContaining 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 55524

(2/2/03)

1999-3

Energy Compensation Sources for Well Logging and Other RegulatoryClarifications - Part 39

65 FR 20337; (5/17/03) 2000-1
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule / ML #2

NRC Review Y, N3 / Date /

ML #2

New Dosimetry Technology - Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2Requirements for Certain Generally Licensed Industrial Devices ContainingByproduct Material - Parts 30, 31, 32

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

Revision of the Skin Dose Limit - Part 20 67 FR 16298; (4/5/05) 2002-1Medical Use of Byproduct Material - Parts 20, 32, and 35 67 FR 20249; (10/24/05) 2002-2Financial Assurance for Materials Licensees - Parts 30, 40, 70 68 FR 57327; (12/3/06) 2003-1Compatibility with IAEA Transportation Safety Standards and OtherTransportation SafetyAmendments - 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

Medical Use of Byproduct Material - Recognition of Specialty Boards - Part35

70 FR 16336; (4/29/08) 2005-2

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

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

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

National Source Tracking System - Part 20 71 FR 65865 (11/15/07) &

(11/30/07)

2006-37

1. Or other generic Legally Binding Requirements.2. ADAMS Accession (ML) Number3. (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.

4. “Not required” means these regulations are not required for purposes of compatibility.5. 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.

6. By letter dated September 2, 2005, from Paul H. Lohaus, Director, Office of State and Tribal Programs, Agreement States were 

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

7. RATS ID 2006-3 will not be considered under the Non-Common Performance Indicator “Compatibility Requirements” for IMPE

the National Source Tracking System is ready for use. Revisions in the implementation date for Agreement States will be provseparate correspondence and the SRS sheet will be revised as appropriate.