July 1, 2008 

Robert J. Walker, Director 

Radiation Control Program 

Department of Public Health 

Schrafft Center, Suite 1M2A 

529 Main Street 

Charlestown, MA 02129 

Dear Mr. Walker: 

We have reviewed the proposed and final changes to the Massachusetts regulations, 

Regulations for the Control of Radiation, received by our office on May 14, 2008. These 

regulations were reviewed by comparison to the equivalent Nuclear Regulatory Commission 

(NRC) rules in 10 CFR Parts 30, 40, 70, 71 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 Salifu Dakubu on July 1, 2008. 

As a result of our review, we have 14 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 Massachusetts 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 Massachusetts 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 

and the final regulations are updated to reflect our changes, a copy of the Aas published@

regulations be provided to us for review. As requested in FSME Procedure SA-201, AReview of 

State Regulatory Requirements,@ please highlight the final changes, and provide a copy to 

Division of Materials Safety and State Agreements, FSME. 

The SRS Data Sheet summarizes our knowledge of the status of other Massachusetts 

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 FSME website: http://nrc-stp.ornl.gov/rulemaking.html. 
Robert Walker, Director -2- July 1, 2008 

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 Kathleen 

Schneider, State Regulation Review Coordinator at (301) 415-2320 (email: 

kathleen.schneider@nrc.gov) or Monica Orendi at (301) 415-3938 (email: 

monica.orendi@nrc.gov). 

Sincerely, 

/ RA by ADWhite for / 

James G. Luehman, Deputy Director 

Division of Materials Safety and State Agreements 

Office of Federal and State Materials and 

Environmental Management Programs 

Enclosures: 

As stated 
Robert Walker, Director -2- July 1, 2008 

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 Kathleen 

Schneider, State Regulation Review Coordinator at (301) 415-2320 (email: 

kathleen.schneider@nrc.gov) or Monica Orendi at (301) 415-3938 (email: 

monica.orendi@nrc.gov). 

Sincerely, 

/ RA by ADWhite for / 

James G. Luehman, 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 (8-62) SUNSI Review Complete 

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

DJanda, RSAO : Non-Sensitive G Sensitive 

MOrendi [MA] File 

DOCUMENT NAME: G:\DMSSA\SAISB\REGULATION TOOLBOX\STATES\MASSACHUSETTS\8-62\8-62.DOC 

 ML of Incoming Document: ML081350748 

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 SAISB SAISB OGC SAISB:BC DMSSA:DD 

NAME MOrendi KSchneider BJones DWhite JLuehman

DATE 06/17/08* 06/18/08* 06/30/08* 07/01/08* 07/01/08* 

ML081830510 OFFICIAL RECORD COPY PKG. ML081830514
COMPATIBILITY COMMENTS ON MASSACHUSETTS PROPOSED AND FINAL 

REGULATIONS 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

1 120.125 (C) 30.35 

70.25 

2003-1 H&S Financial assurance and 

recordkeeping for 

decommissioning 

 

Massachusetts has a wrong reference 

in 120.125 (C)(2). Reference 105 

CMR 120.125(C)(1)(e) should actually 

be 105 CMR 120.125 (C)(6). 

In 120.125(C)(6) Massachusetts 

needs to add a time requirement for 

resubmitting the decommissioning 

funding plan to the Agency (see 10 

CFR 30.35(e) AND 10 CFR 70.25(e)). 

Massachusetts needs to make the 

above changes in order to meet the 

Compatibility category H&S 

designation assigned to 10 CFR 

30.35 and 70.25. 

2 120.125(C) 40.36 2003-1 H&S Financial assurance and 

recordkeeping for 

decommissioning 

Massachusetts does not incorporate 

the essential objectives to 10 CFR 

40.36(b) in 120.125. 

Massachusetts needs to add the 

essential objectives of 40.36(b) in 

order to meet the Compatibility 

Category H&S designation assigned 

to 10 CFR 40.36. 

3 120.772 71.4 2004-1 [B] Definition: Exclusive use 

Massachusetts deletes the “or” from 

the word consignor in the first 

sentence making the word consign. 

Massachusetts needs to keep the “or” 

on the end of the word “consignor” in 

order to meet the Compatibility 

Category [B] designation assigned to 

10 CFR 71.4 Definition Exclusive use. 

 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

4 120.772 71.4 2004-1 [B] Definition: Fissile material 

Massachusetts has the incorrect 

reference for 10 CFR 71.15. The 

reference should be 105 CMR 

120.775. 

Massachusetts needs to make the 

above change in order to meet the 

Compatibility category [B] designation 

assigned to 10 CFR 71.4 Definition 

Fissile material. 

5 120.772 71.4 2004-1 B Definition: Graphite 

Massachusetts has incorrect 

references for 10 CFR 71.15 and 

71.22. The references should be 105 

CMR 120.775 and 120.781 

respectively. 

Massachusetts needs to make the 

above change in order to meet the 

Compatibility category B designation 

assigned to 10 CFR 71.4 Definition 

Graphite. 

6 120.772 

 

71.4 2004-1 [B] Definition: Low specific activity 

(LSA) material

Massachusetts has incorrect 

references for 10 CFR 71.15 and 

71.77 in its definition. The references 

should be 105 CMR 120.775 and 10 

CFR 71.77 respectively. 

Massachusetts needs to make the 

above change in order to meet the 

Compatibility category [B] designation 

assigned to 10 CFR 71.4 Definition 

Low Specific Activity (LSA) material. 

7 120.774 71.5 2004-1 [B] Transportation of licensed material. 

In Massachusetts regulation 

120.774(B) the reference should state 

“... the requirements of 49 CFR 107, 

171 through 180, and 390 through 

397, appropriate ...”. 

Massachusetts omits the second half 

of paragraph (b) which allows for 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

“modification, waiver, or exemption 

from those requirements”. 

Massachusetts needs to make the 

above changes in order to meet the 

Compatibility category [B] designation 

assigned to 10 CFR 71.5. 

8 120.777 71.17 2004-1 [B] General license: NRC-approved 

package. 

Massachusetts needs to change 

120.777(B) to say “... approved by 

Agency as satisfying the provisions of 

(equivalent MA regulations to 10 CFR 

71 subpart H).”. 

Massachusetts needs to make the 

above change in order to meet the 

Compatibility Category [B] designation 

assigned to 10 CFR 71.17. 

9 120.780 71.21 2004-1 [B] General license: Use of foreign 

approved package. 

Massachusetts needs to change 

(C)(1) to say “Has a quality assurance 

program as approved by the agency;”. 

Massachusetts needs to change 

paragraph (C)(3) to state “... with 

respect to the quality assurance 

provisions of 120.790, the 

licensee...”. 

Massachusetts needs to make the 

above changes in order to meet the 

Compatibility Category [B] designation 

assigned to 10 CFR 71.21. 

10 120.781 71.22 2004-1 [B] General license: Fissile material 

Massachusetts needs to change the 

120.781 (B) to read “... who has a 

quality assurance program approved 

by the Agency as satisfying the 

provisions of 120.790.”. 

Massachusetts needs to make the 

above change in order to meet the 

Compatibility Category [B] designation 

assigned to 10 CFR 71.22. 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

11 120.782 71.23 2004-1 [B] General license: Plutonium 

beryllium special form material. 

Massachusetts needs to change the 

120.782(B) to read “... who has a 

quality assurance program approved 

by the Agency as satisfying the 

provisions of 120.790.”. 

Massachusetts needs to change 

120.782(C) by removing (C)(2) and 

adding an equivalent to 10 CFR 71.23 

(c)(2). 

Massachusetts needs to make the 

above changes in order to meet the 

Compatibility Category [B] designation 

assigned to 10 CFR 71.23. 

12 120.789 71.97 2004-1 B Advance notification of shipment of 

irradiated reactor fuel and nuclear 

waste. 

Massachusetts needs to change the 

reference in 120.789(B) to say 10 

CFR 73.37(f). 

 

120.789(B)(1) is missing the word 

“required” after the word material. 

 

120.789(C)(1) and (F)(1) need to 

have the “Agency” added to the list of 

person’s to be notified in writing. 

Massachusetts needs to make the 

above changes in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 71.97. 

13 120.790 71.101 2004-1 C Quality assurance requirements. 

Massachusetts needs to revise 

120.790(C) to state “... each licensee 

shall obtain Agency approval of its 

quality assurance program.”. 

Massachusetts needs to make the 

above change in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 71.101. 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

14 120.795 10 CFR 71 

Appendix A 

2004-1 [B] Determination of A1 and A2 

Massachusetts needs to replace the 

word “Commission” with the word 

“Agency” throughout 120.795. 

The footnotes for Tables A-1 and A-2 

are incorrect and need to be corrected 

to match the footnotes in 10 CFR 71 

Appendix A Table A-1 and Table A-2. 

Massachusetts needs to make the 

above change in order to meet the 

Compatibility Category [B] designation 

assigned to 10 CFR 71 Appendix A
STATE REGULATION STATUS

State: Massachusetts Tra[3 amendment(s) reviewed is identified by a i Daat the beginning of the equivalent NRC requirement.] 

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1991-1 Safety Requirements for Radiographic Equipment 

Part 34 55 FR 843 (Superceded by 1997-5) 

01/10/1994 Final No Comments 

03/03/1997 

MassaRegula1997-5

1991-2 ASNT Certification of Radiographers 

Part 34 56 FR 11504 (Superceded by 1997-5) 

none Not Required Not Required Massa

Regula1997-5

1991-3 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; 

01/01/1994 Final No Comments 

03/03/1997 

1991-4 Notification of Incidents 

Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; 

10/15/1994 Final No Comments 

03/03/1997 

1992-1 Quality Management Program and Misadministrations 

Part 35 56 FR 34104 (Superceded by 2002-2)

01/27/1995 Final No Comments 

03/03/1997 

MassaRegula2002-2

1992-2 Eliminating the Recordkeeping Requirements 

for Departures from Manufacturer's Instructions Parts 30, 35 57 FR 45566 

none Not Required Not Required These 

requireCompa

1993-1 Decommissioning Recordkeeping and License 

Termination: Documentation Additions [Restricted areas and spill sites] Parts 30, 40 58 FR 39628 

10/25/1996 Final No Comments 

03/03/1997 

1993-2 Licensing and Radiation Safety Requirements for 

Irradiators Part 36 58 FR 7715 

07/01/1996 Final No Comments 

03/03/1997 

1993-3 Definition of Land Disposal and Waste Site QA Program 07/22/1996 Final No Comments 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

Part 61 58 FR 33886 

03/03/1997 

1994-1 Self-Guarantee as an Additional Financial Mechanism 

Parts 30, 40, 70 58 FR 68726; 59 FR 1618 

none Final No Comments 

03/03/1997 

These requireCompa

1994-2 Uranium Mill Tailings Regulations: Conforming NRC 

Requirements to EPA Standards Part 40 59 FR 28220 

07/01/1997 Not Applicable Not Applicable Massa

to reguAgree

1994-3 Timeliness in Decommissioning Material Facilities 

Parts 30, 40, 70 59 FR 36026 

08/15/1997 Final 

ML062980638 

No Comments 11/30/2006 ML063380019 

1995-1 Preparation, Transfer for Commercial Distribution, and 

Use of Byproduct Material for Medical Use Parts 30, 32, 35 59 FR 61767; 59 FR 65243; 60 FR 322 

01/01/1998 Final No Comments 

09/21/1999 

1995-2 Frequency of Medical Examinations for Use of 

Respiratory Protection Equipment Part 20 60 FR 7900 

03/13/1998 Final 

ML062980638 

No Comments 11/30/2006 ML063380019 

1995-3 Low-Level Waste Shipment Manifest Information and 

Reporting Parts 20, 61 60 FR 15649; 60 FR 25983 

03/01/1998 Final 

ML062980638 

No Comments 11/30/2006 ML063380019 

1995-4 Performance Requirements for Radiography Equipment 

Part 34 60 FR 28323 (Superceded by 1997-5) 

06/30/1998 Not Required Not Required Massa

Regula1997-5

1995-5 Radiation Protection Requirements: Amended Definitions 

and Criteria Parts 19, 20 60 FR 36038 

08/14/1998 Final 

ML062980638 

No Comments 11/30/2006 ML063380019 

1995-6 Clarification of Decommissioning Funding Requirements 

Parts 30, 40, 70 60 FR 38235 

11/24/1998 Final 

ML062980638 

No Comments 11/30/2006 ML063380019 

1995-7 Medical Administration of Radiation and Radioactive 10/20/1998 Final No Comments 

09/21/1999 

MassaFinal R
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

Materials Parts 20, 35 60 FR 48623 (Superceded by 2002-2 and 2005-2) 

ID: 200

1996-1 Compatibility with the International Atomic Energy Agency

Part 71 60 FR 50248; 61 FR 28724 (Superceded by 2004-1) 

04/01/1999 Final No Comments 

09/21/1999 

MassaFinal RID: 200

1996-2 One Time Extension of Certain Byproduct, Source and 

Special Nuclear Materials Licenses Parts 30, 40, 70 61 FR 1109 

02/15/1999 Not Required Not Required These 

requireCompa

1996-3 Termination or Transfer of Licensed Activities: Record 

keeping Requirements Parts 20, 30, 40, 61, 70 61 FR 24669 

06/17/1999 Final No Comments 

09/21/1999 

1997-1 Resolution of Dual Regulation of Airborne Effluents of 

Radioactive Materials; Clean Air Act Part 20 61 FR 65120 

01/9/2000 Final No Comments 

09/21/1999 

1997-2 Recognition of Agreement State Licenses in Areas Under 

Exclusive Federal Jurisdiction Within an Agreement StatePart 150 62 FR 1662 

02/27/2000 Final 

ML062980638 

No Comments 11/30/2006 ML063380019 

1997-3 Criteria for the Release of Individuals Administered 

Radioactive Material Parts 20, 35 62 FR 4120 

05/29/2000 Final 

ML062980638 

No Comments 11/30/2006 ML063380019 

1997-4 Fissile Material Shipments and Exemptions 

Part 71 62 FR 5907 (Superceded by 2004-1) 

02/10/2000 Not Required Not Required These 

requireCompa

1997-5 Licenses for Industrial Radiography and Radiation Safety 

Requirements for Industrial Radiography Operations Parts 30, 34, 71, 150 62 FR 28947 

06/27/2000 Final No Comments 

09/21/1999 

1997-6 Radiological Criteria for License Termination 08/20/2000 Final No Comments 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

Parts 20, 30, 40, 70 62 FR 39057 

ML062980638 11/30/2006 

ML063380019 

1997-7 Exempt Distribution of a Radioactive Drug Containing 

One Micro curie of Carbon-14 Urea Part 30 62 FR 63634 

01/02/2001 Final No Comments 

09/21/1999 

1998-1 Deliberate Misconduct by Unlicensed Persons 

Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773 

02/12/2001 Final 

ML062980638 

No Comments 11/30/2006 ML063380019 

1998-2 Self-Guarantee of Decommissioning Funding by Nonprofit 

and Non-Bond-Issuing Licensees Parts 30, 40, 70 63 FR 29535 

07/01/2001 Not Required Not Required These 

requireCompa

1998-3 License Term for Medical Use Licenses 

Part 35 63 FR 31604 (Superceded by 2002-2) 

07/10/2001 Not Required Not Required These 

requireCompaMassaRegula2002-2

1998-4 Licenses for Industrial Radiography and Radiation Safety 

Requirements for Industrial Radiographic Operations Part 34 63 FR 37059 

07/09/2001 Final 

ML062980638 

No Comments 11/30/2006 ML063380019 

1998-5 Minor Corrections, Clarifying Changes, and a Minor Policy 

Change Parts 20, 35, 36 63 FR 39477; 63 FR 45393 

10/26/2001 Final 

ML062980638 

No Comments 11/30/2006 ML063380019 

1998-6 Transfer for Disposal and Manifests: Minor Technical 

Conforming Amendment Part 20 63 FR 50127 

11/20/2001 Final 

ML062980638 

No Comments 11/30/2006 ML063380019 

1999-1 Radiological Criteria for License Termination of Uranium 

Recovery Facilities Part 40 64 FR 17506 

06/11/2002 Not Applicable Not Applicable Massa

to reguAgree

1999-2 Requirements for Those Who Possess Certain Industrial 

Devices Containing Byproduct Material to Provide 

10/04/2002 Not Required Not Required These 

require
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

Requested Information Part 31 64 FR 42269 

Compa

1999-3 Respiratory Protection and Controls to Restrict Internal 

Exposure Part 20 64 FR 54543; 64 FR 55524 

02/02/2003 Final 

ML062980638 

No Comments 11/30/2006 ML063380019 

2000-1 Energy Compensation Sources for Well Logging and 

Other Regulatory Clarifications Part 39 65 FR 20337 

05/17/2003 Final 

ML062980638 

No Comments 11/30/2006 ML063380019 

2000-2 New Dosimetry Technology 

Parts 34, 36, 39 65 FR 63750 

01/08/2004 Final 

ML062980638 

No Comments 11/30/2006 ML063380019 

2001-1 Requirements for Certain Generally Licensed Industrial 

Devices Containing Byproduct Material Parts 30, 31, 32 65 FR 79162 

02/16/2004 Final 

ML062980638 

No Comments 11/30/2006 ML063380019 

2002-1 Revision of the Skin Dose Limit 

Part 20 67 FR 16298 

04/05/2005 Final 

ML062980638 

No Comments 11/30/2006 ML063380019 

2002-2 Medical Use of Byproduct Material 

Parts 20, 32, 35 67 FR 20249 

10/24/2005 Final 

ML062980638 

No Comments 11/30/2006 ML063380019 

i2003-1 Financial Assurance for Materials Licensees 

Parts 30, 40, 70 68 FR 57327 

12/03/2006 Final 

ML081350748 

Comments 07/01/2008 ML081830510 

i2004-1 Compatibility With IAEA Transportation Safety Standards 

and Other Transportation Safety Amendments Part 71 69 FR 3697 

10/01/2007 Proposed 

ML081350748 

Comments 07/01/2008 ML081830510 

i2005-1 Security Requirements for Portable Gauges Containing 

Byproduct Material Part 30 70 FR 2001 

07/11/2008 Proposed 

ML081350748 

No Comments 07/01/2008 ML081830510 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

2005-2 Medical Use of Byproduct Material - Recognition of 

Specialty Boards Part 35 70 FR 16336; 71 FR 1926 

04/29/2008 

2005-3 Increased Controls for Risk-Significant Radioactive 

Sources (NRC Order EA-05-090)

70 FR 72128 

12/01/2005 License Condition 

ML080110677 

No Comments 10/04/2005 ML052780024 

2006-1 Minor Amendments 

Parts 20, 30, 32, 35, 40 and 70 71 FR 15005 

03/27/2009 

2006-2 National Source Tracking System - Serialization 

Requirements Part 32 with reference to Part 20 Appendix E 71 FR 65685 

02/06/2007 License Condition 

ML070360300 

No Comments 02/16/2007 ML070470054 

2006-3 National Source Tracking System 

Part 20 71 FR 65865, 72 FR 59162 

01/31/2009 

2007-1 Medical Use of Byproduct Material - Minor Corrections 

and Clarifications Parts 32 and 35 72 FR 45147, 54207 

10/29/2010 

2007-2 Exemptions From Licensing, General Licenses, and 

Distribution of Byproduct Material: Licensing and Reporting Requirements Parts 30, 31, 32, 150 72 FR 58473 

12/17/2010 

2007-3 Requirements for Expanded Definition of Byproduct 

Material Parts 20, 30, 31, 32, 33, 35, 61, 150 72 FR 55864 

11/30/2010 

2007-4 Order Imposing Fingerprinting Requirements and 

Criminal History Records Check Requirements for Unescorted Access to Certain Radioactive Material NRC Order EA-07-305 72 FR 70901 

06/05/2008 License Condition 

ML080800501 

No Comments 04/14/2008 ML081050505 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

2008-1 Occupational Dose Records, Labeling Containers, and 

Total Effective Dose Equivalent Parts 19, 20 72 FR 68043 

02/15/2011