October 15, 2007

Mr. Joseph Vranka, Manager

Hazardous Materials and Waste Management Division

CO Department of Public Health and Environment

HMWMD-RAD-B2

4300 Cherry Creek Drive South

Denver, CO 80246-1530

Dear Mr. Vranka:

We received your letter regarding the final State of Colorado’s Rules and Regulations

Pertaining to Radiation Control Part 17 sent to us on July 25, 2007. These regulations

correspond to the equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Part 71

and the requirements of regulation amendment RATs ID#2004-1. We discussed our review with

Ken Weaver on October 12, 2007. 

As a result of our review, we have seven 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. We have determined that if these regulations are revised, 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 you revise your regulations to address our comments, 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 location of any changes made

by Colorado, in response to our comments and provide a copy to FSME.

The SRS Data Sheet summarizes our knowledge of the status of other Colorado 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://www.hrsd.ornl.gov/nrc/rulemaking.htm. 

If you should have any questions please feel free to contact Kathleen Schneider at (301) 415-

2320 (email: kxs@nrc.gov) or Stephen Salomon at (301) 415-2368 (email: sns@nrc.gov.) 

Sincerely,

\RA By A.D. White For\

Robert J. Lewis, Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials and Environmental

Management Programs

Enclosures: 

As stated
October 15, 2007

Mr. Joseph Vranka, Manager

Hazardous Materials and Waste Management Division

CO Department of Public Health and Environment

HMWMD-RAD-B2-4300 Cherry Creek Drive South

Denver, CO 80246-1530

Dear Mr. Vranka:

We received your letter regarding the final State of Colorado’s Rules and Regulations

Pertaining to Radiation Control Part 17 sent to us on July 25, 2007. These regulations

correspond to the equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Part 71

and the requirements of regulation amendment RATs ID#2004-1. We discussed our review with

Ken Weaver on October 12, 2007. 

As a result of our review, we have seven 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. We have determined that if these regulations are revised, 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 you revise your regulations to address our comments, 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 location of any changes made

by Colorado, in response to our comments and provide a copy to FSME.

The SRS Data Sheet summarizes our knowledge of the status of other Colorado 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://www.hrsd.ornl.gov/nrc/rulemaking.htm. 

If you should have any questions please feel free to contact Kathleen Schneider at (301) 415-

2320 (email: kxs@nrc.gov) or Stephen Salomon at (301) 415-2368 (email: sns@nrc.gov.) 

Sincerely,

\RA By A.D. White For\

Robert J. Lewis, 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 7-61 SUNSI Review Complete

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

RErickson, RSAO LMcLean, RSAO : Non-Sensitive G Sensitive

DSollenberger, POC Wrautzen, POC CO File ML of Incoming Document:ML072620303

DOCUMENT NAME: C:\FileNet\ML072900374.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 DILR SAIS OGC SAIS:BC MSSA:DD

NAME SSalomon KSchneider CCameron, Esq. DWhite RLewis

DATE 09/20/2007* 09/20/2007* 10/09/2007* 10/15/2007* 10/15/2007*

ML072900374 OFFICIAL RECORD COPY PKGML072900385
COMPATIBILITY COMMENTS ON COLORADO FINAL REGULATIONS

Compatibility with IAEA Transportation Safety Standards

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 17.2.2

Low Specific

Activity (1)

LSA-1 (ii)

§71.4 2004-1 [B] Definition: LSA-1

Colorado has omitted provision (ii)

Solid unirradiated natural uranium or

depleted uranium or natural thorium of

their solid or liquid compounds or

mixtures.

Colorado needs to adopt provision (ii)

of LSA-1 to meet the Compatibility

Category B designation assigned to

Section 71.4.

2 Omitted §71.13 2004-1 [B] Exemption of Physicians

Colorado has omitted this provision to

be consistent with requirements

determined by the State Radiation

Advisory Committee and Colorado

State Board of Health re-affirmation.

Colorado needs to adopt this

requirement to meet the Compatibility

Category B designation assigned to

Section 71.13.

3 17.8.1(4) §71.21(d)(2) 2004-1 [B] General license: Use of foreign

approved package

Colorado regulation 17.8.1.2 (4) omits

the language specifying the applicable

requirements correlating to Subparts A

(General Provisions), G (Operating

Controls and Procedures), and H

(Quality Assurance) of 10 CFR 71.

The Colorado regulations needs to

include language that specifies the

Colorado’s equivalents to “Subparts A

(General Provisions), G (Operating

Controls and Procedures), and H

(Quality Assurance)” to meet the

Compatibility Category B designation

assigned to Section 71.21(d)(2).
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

4 17.15 §71.47 (c) and

(d)

2004-1 [B] External radiation standards for all

packages

Colorado 17.15 omitted requirements

for exclusive use shipments in §71.47

(c) and (d). 

Colorado needs to include the

exclusive use requirements in their

17.15 to meet the Compatibility

Category B designation assigned to

Section 71.47( c) and (d).

5 17.11.1 §71.97 2004-1 B Advance Notification of Shipment of

Irradiated Reactor Fuel and Nuclear

Waste

Colorado 17.11.1 has the incorrect

name of the office in NRC to obtain

the list of contacts to notify in advance

of shipments.

Colorado needs to replace the “Office

of State and Tribal Programs” with the

“Office of Federal, State Materials and

Environmental Management” to meet

the Compatibility Category B

designation assigned to Section 71.97.

6 Omitted §71.105

(a), (c)&(d) -

71.137

2004-1 C Quality Assurance Program

Colorado regulations omitted the

quality assurance program

requirements in 10 CFR 71.105 (a), (c)

and (d) thru 71.137.

Colorado needs to include the

requirements for a quality assurance

program to meet the Compatibility

Category C designation assigned to

Sections of 10 CFR 71.105(a), (c)&(d)

thru 71.137.

7 Appendix A Appendix A 2004-1 [B] Determination of A1 and A2

Colorado regulations omitted a “#” in

for the calculation of A1 and A2 in

Appendix A.

Colorado needs to add the “#” in the

equation to calculate A1 and A2 in

Appendix A to meet the Compatibility

Category [B] assigned to 10 CFR 71

Appendix A.
STATE REGULATION STATUS

State: Colorado[1 Amendment reviewed is identified Tracking Ticby a i at the beginning of equivalent NRC regulation. ] Date: Octobe

NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID

Proposed Final (F)1 

LicenseCondition ML #5

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 F ANT 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 Eliminating the Recordkeeping Requirements for Departures from Manufacturer'sInstructions-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 F 

Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 F Definition of Land Disposal and Waste Site QA Program-Part 61 58 FR 33886; (7/22/96) 1993-3 F

ML043290

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 EPA StandardsPart 40 59 FR 28220; (7/1/97) 1994-2 FML043290Timeliness 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 
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID

Proposed Final (F)1 

LicenseCondition ML #5

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

ML043290

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

ML043290

Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 F

ML043290

 Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 F

ML043290

10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28724

(4/1/99)

1996-1 F 

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: Record keeping Requirements-Parts 20,

30, 40, 61, 70

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

ML043290

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean AirAct-Part 20

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

Recognition of Agreement State Licenses in Areas Under Exclusive Federal JurisdictionWithin an Agreement State-Part 150

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

Criteria for the Release of Individuals Administered Radioactive Material-Parts 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 for IndustrialRadiography Operations-Parts 30, 34, 71, 150

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

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6 F Exempt Distribution of a Radioactive Drug Containing One Micro curie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 F 
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID

Proposed Final (F)1 

LicenseCondition ML #5

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

(2/12/01)

1998-1 F

ML010380

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 for IndustrialRadiographic 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 39477; 63 FR 45393

(10/26/01)

1998-5 F

ML043290

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

ML042440

Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1 F

ML020320

Requirements for Those Who Possess Certain Industrial Devices Containing ByproductMaterial 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

ML043290

Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part39

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

ML051580

New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2 F

ML043290

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

65 FR 79162; (2/16/04) 2001-1 F8

ML043290

 Revision of the Skin Dose Limit -Part 20 67 FR 16298; (4/5/05) 2002-1 F

ML043290

 Medical Use of Byproduct Material-Parts 20, 32, and 35 67 FR 20249; (10/24/05) 2002-2 F

ML 05158
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID

Proposed Final (F)1 

LicenseCondition ML #5

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 compatibility4. A State need not adopt a specific regulation if the State has no licensees that would be subject to that regulation. See: “Final P

Adequacy and Compatibility Of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, 3, 1995.

5. ADAMS ML Number.6. The Final State Regulation (Effective Date) may reflect that by Colorado statute a regulation is effective, unless otherwise adop

Board of Health, 20 days after publication, which occurs on the 10th of the month following adoption, or the first business day th

7. 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.

8. 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 

 letter STP 05-072.9. RATS ID 2006-3 will not be considered under the Non-Common Performance Indicator “Compatibility Requirements” for IMPE

as the National Source Tracking System is ready for use Revisions in the implementation date for Agreement States will be p

under separate correspondence and the SRS sheet will be revised as appropriate.

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

ML043290

iCompatibility With IAEA Transportation Safety Standards and Other Transportation

Safety Amendments – Part 71.

69 FR 3697; (10/01/07) 2004-1 F

ML072620

Security Requirements for Portable Gauges Containing Byproduct Material - Part 30 70 FR 2001; (7/11/08) 2005-1 F

ML052010

Medical Use of Byproduct Material - Recognition of Specialty Boards - Part 35 70 FR 16336; 71 FR 1926

(4/29/08)

2005-2 F

ML 05158

 Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090)7 70 FR 72128; (12/1/05) 2005-3 LC

ML052580

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

2006-39