August 31, 2006

Marie Stoeckel, Chief

Office of Occupational and Radiological Health

Department of Health

3 Capitol Hill, Room 206

Providence, RI 02908-5097

Dear Ms. Stoeckel:

By letter dated October 25, 2004, we sent you the results of our review of the final changes to

the Rhode Island regulations which were submitted to the NRC by letter dated September 7,

2004. These regulations were reviewed by comparison to the equivalent Nuclear Regulatory

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

License (GL) amendment identified in the enclosed State Regulation Status (SRS) Data Sheet. 

The review we conducted omitted a specific review of Sections 10 CFR Parts 31.5 and 31.6. 

The text of these sections was not revised by the GL amendment, but the compatibility

designations were changed from Compatibility Categories C and D respectively, to Category B. 

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

continue to review Agreement State GL Device proposed and final rules but will hold in

abeyance any determination on those rules and compatibility of those rules, if the Agreement

State has the essential elements of the NRC’s rule and is more restrictive than the NRC’s rule.

For Agreement States without a GL Device rule or a GL Device rule less restrictive than the

NRC rules, the staff will factor this determination into results of the NRC’s review of the State’s

proposed and final rules and the compatibility findings during Integrated Materials Performance

Evaluation Program (IMPEP) reviews.

We discussed our re-review of the GL amendment with you on August 22, 2006. Although we

had no comments for the 2001-1 amendment stated in the September 7, 2004 letter, as a result

of our re-review against the Compatibility Category B designation, we have three comments

that have been identified in the enclosure. 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.

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.
Marie Stoeckel, Chief -2- August 31, 2006

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.hsrd.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 Ms.

Jennifer Tobin at (301) 415-2328 or by e-mail at JLT1@nrc.gov..

Sincerely,

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
Marie Stoeckel, Chief -2- August 31, 2006

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.hsrd.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 Ms.

Jennifer Tobin at (301) 415-2328 or by e-mail at JLT1@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: As stated

Distribution: SUNSI Review Complete

DIR RF(6-16) DCD (SP05) : Publicly Available G Non-Publicly Available

PDR (YES_T) : Non-Sensitive G Sensitive

Response to Incoming Document: ML042520322

DWhite,, RSAO; DSollenberger ASPO BUsilton Rhode Island File

Document Name:E:\Filenet\ML062370345.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:D

NAME SLai STreby KNSchneider for DKRathbun

DATE 6/1/06* 6/12/06* 8/31/06*

ML062370345 OFFICIAL RECORD COPY MLPKG062370347 
COMPATIBILITY COMMENTS ON RHODE ISLAND FINAL REGULATIONS

STATE

SECTION

NRC

SECTION

RATS ID CATEGORY SUBJECT and COMMENTS

1 C.4.2(b)(3) 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 the

requirement of 10 CFR 31.5(c)(11),

regarding general license response to

information requests within 30

calendar days. 

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 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.

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.

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 (1 Amendment reviewed identified by a i 

 at the beginning of equivalent NRC requirement) 

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 fromManufacturer'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 

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 ByproductMaterial for Medical 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 ProtectionEquipment- Part 20 

60 FR 7900; (3/13/98) 1995-2 F 
NRC Chronology Identification FR Notice

(Date Due for State Implementation))

RATS ID Proposed (P) /

Final (F)1 Rule 

LicenseCondition (LC)ML #4

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-Parts19, 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 AgencyPart 71 60 FR 50248; 61 FR 28723 (4/1/99) 1996-1 FML042520322 

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: Recordkeeping RequirementsParts 20, 30, 40, 61, 70 61 FR 24669; (6/17/99) 1996-3 F Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials;Clean Air 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 ofCarbon-14 Urea-Part 30 

62 FR 63634; (1/02/01) 1997-7 F 
NRC Chronology Identification FR Notice

(Date Due for State Implementation))

RATS ID Proposed (P) /

Final (F)1 Rule 

LicenseCondition (LC)ML #4

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-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 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 ConformingAmendmentPart 20

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

Radiological Criteria for License Termination of Uranium Recovery FacilitiesPart 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 RegulatoryClarifications-Part 39

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

ML042520322

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

ML042520322

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
NRC Chronology Identification FR Notice

(Date Due for State Implementation))

RATS ID Proposed (P) /

Final (F)1 Rule 

LicenseCondition (LC)ML #4

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

ML042520322

Compatibility With IAEA Transportation Safety Standards and OtherTransportation Safety Amendments – 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 - Part 35 70 FR 16336; 71 FR 1926

(4/29/08)

2005-2

Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA05-090)6 70 FR 72128; (12/1/05) 2005-3 LCML053860240 

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 S

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

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 9

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 Agr

STP 05-072.