June 28, 2012 

Steve Tarlton, Program Manager 

Radiation Control Program 

Hazardous Materials & Waste Management 

Colorado Department of Public Health and the Environment 

4300 Cherry Creek Drive South 

Denver, Colorado 80246-1530 

Dear Mr. Tarlton: 

The Office of Federal and State Materials and Environmental Management Programs (FSME) 

has reviewed the email from James Jarvis dated April 19, 2012, in response to our letter dated 

October 13, 2011, which transmitted our comments on final revisions to the Colorado Rules and 

Regulations Pertaining to Radiation Control, 6 CCR 1007-1, Part 1, General Provisions, Part 3, 

Licensing of Radioactive Material, and Part 18, Licensing Requirements for Uranium and 

Thorium Processing. In this communication, he requested clarification and reevaluation of four 

of the 28 compatibility related comments we made regarding the final rules. We discussed our 

reevaluation of the regulations with James Jarvis on June 27, 2012.

Based on additional information provided in the email, we have determined that Colorado 

regulations meet the Category H&S designation for Comment 19 and the Compatibility Category 

B for Comment 25 from our October 13, 2011 letter. These comments are withdrawn. 

Regarding Comment 22 as discussed in the April 19, 2012 email, Colorado still needs to 

include the definition of “residual radioactive material” in their Part 18.2.3.16 in order to meet the 

Compatibility Category A designation assigned to 10 CFR 40.4. As previously stated, Colorado 

uses the term “residual radioactive material” in Section 3.16. The term “residual radioactive 

material” in 10 CFR Part 40 is used only with respect to materials at sites subject to remediation 

under title I of the Uranium Mill Tailings Radiation Control Act of 1978, as amended. The 

authority for these materials is reserved to the NRC, and Agreement States do not have 

authority for this activity. The phrase residual radioactive material should be deleted from 

Section 3.16 since this material is reserved to NRC’s jurisdiction. Comment 22 stands. 

Regarding Comment 24, Colorado still needs to include the definition of “uranium milling” in 

Part 18.2 in order to meet the Compatibility Category A designation assigned to 10 CFR 40.4. 

We reviewed your discussion of the different structure of the Colorado regulations and the use 

of the term “uranium milling” in sections with different compatibility designations. However as a 

Compatibility Category A program element, these program elements are considered basic 

radiation protection standards and scientific terms and definitions that are necessary to 

understand radiation protection concepts. NRC expects this definition to be adopted essentially 

identically to the NRC definition to provide uniformity in the regulation of agreement material on 

a nationwide basis. Comment 24 stands. 
-2- 

The attached table shows the 26 outstanding comments that need to be incorporated into 

Colorado’s final regulations. 

The attached SRS Data Sheet summarizes our knowledge of the status of other Colorado 

regulations and legal binding requirements, as indicated. Please let us know if you note any 

additional 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.hsrd.ornl.gov/rulemaking/htm. 

If you have any questions regarding the review, 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 (kathleen.schneider@nrc.gov) or Stephen 

Poy at 301-415-7135 (stephen.poy@nrc.gov). 

Sincerely, 

 /RA/ 

Christian E. Einberg, Acting Deputy Director 

Division of Materials Safety and State Agreements 

Office of Federal and State Materials and 

Environmental Management Programs 

Enclosure: As stated 

 
-2- 

[Concurrence Page] 

The attached table shows the 26 outstanding comments that need to be incorporated into 

Colorado’s final regulations. 

The attached SRS Data Sheet summarizes our knowledge of the status of other Colorado 

regulations and legal binding requirements, as indicated. Please let us know if you note any 

additional 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.hsrd.ornl.gov/rulemaking/htm. 

If you have any questions regarding the review, 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 (kathleen.schneider@nrc.gov) or Stephen 

Poy at 301-415-7135 (stephen.poy@nrc.gov). 

Sincerely, 

 /RA/ 

Christian E. Einberg, Acting Deputy Director 

Division of Materials Safety and State Agreements 

Office of Federal and State Materials and 

Environmental Management Programs 

Enclosure: As stated 

Distribution: 

DIR RF (12-15) SUNSI Review Complete 

DCD (SP08) : Publicly Available G Non-Publicly Available 

RErickson, RSAO : Non-Sensitive G Sensitive 

JKatanic, POC 

CO File 

DOCUMENT NAME: G:\DMSSA\SAISB\REGULATION TOOLBOX\States\Colorado\12-15 

Incoming Document: ML121150470 

OFFICE ASPB ASPB OGC ASPB:BC MSSA:DD 

NAME SPoy KSchneider BJones DWhite CEinberg 

DATE 0615/12 06/ 15/12 06/25/12 06/28/12 06/28/12 

ML12166A083 OFFICIAL RECORD COPY Package ML12177A030 
 COMPATIBILITY COMMENTS ON COLORADO FINAL REGULATIONS 

RESOLUTION OF OCTOBER 13, 2011 LETTER 

Comment Challenged (See April 19, 2012 Incoming Request) 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

1 See 

Comment 

Section 

§§ 35.2, 

Definitions 

(Authorized 

medical physicist, 

Authorized 

nuclear 

pharmacist, 

Authorized user, 

Radiation Safety 

Officer) and 

35.59. 

2006-1 B Multiple 

Colorado did not submit their 

equivalent regulations to 10 CFR 35.2 

and 35.59, for review. 

Colorado needs to provide for review 

the above equivalent regulations in 

order to meet the Compatibility 

Category B designation 10 CFR 35. 

2 Part 3 

Schedule 

3C.10 

§30.15 2007-2 B Certain items containing byproduct 

material 

In Section 3C.10.1.4, Colorado’s 

regulation reads, “3.7 MBq (100 μCi) 

of promethium-147 per watch or 7.4 

MBq (200 mCi) of promethium-147 

per any other timepiece. 

Colorado needs to change 200 mCi to 

200 μCi after 7.4 MBq. 

In Section 3C.10.1.5, Colorado’s 

regulation reads, “0.74 MBq (20 μCi) 

of promethium-147 per watch hand of 

1.48 MBq (40 mCi) of promethium147 per other timepiece hands. 

Colorado needs to change 40 mCi to 

40 μCi after 1.48 MBq. 

Colorado needs to correct the above 

references in 3C.10 in order to meet 

the Compatibility Category B 

designation assigned to 10 CFR 

30.15.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

3 See 

Comment 

Section 

§20.2001 (a)(4) 2007-3 C General requirements 

Colorado did not submit their 

equivalent regulation to 10 CFR 

20.2001 (a)(4)for review. 

Colorado needs to provide for review 

the above equivalent regulation in 

order to meet the Compatibility 

Category C designation 10 CFR 

20.2001(a)(4). 

4 See 

Comment 

Section 

§20.2006 (e) 2007-3 B Transfer for disposal and 

manifests 

Colorado did not submit their 

equivalent regulation to 10 CFR 

20.2006(e) for review. 

Colorado needs to provide for review 

the above equivalent regulation in 

order to meet the Compatibility 

Category B designation 10 CFR 10 

CFR 20.2006(e). 

5 See 

Comment 

Section 

§20.2008 2007-3 B Disposal of 11e.(3) and 11e.(4) 

byproduct material 

Colorado did not submit their 

equivalent regulation to 10 CFR 

20.2008 for review. 

Colorado needs to provide for review 

the above equivalent regulation in 

order to meet the Compatibility 

Category B designation 10 CFR 10 

CFR 20.2008. 

6 See 

Comment 

Section 

Part 20 

Appendix B 

2007-3 A Annual Limits 

on Intake (ALIs) and Derived Air 

Concentrations (DACs) of 

Radionuclides for Occupational 

Exposure; Effluent Concentrations; 

Concentrations for Release to 

Sewerage 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

Colorado did not submit their 

equivalent regulation to 10 CFR Part 

20 Appendix B for review. 

Colorado needs to provide for review 

the above equivalent regulation in 

order to meet the Compatibility 

Category A designation 10 CFR 10 

CFR Part 20 Appendix B. 

7 See 

Comment 

Section 

§30.4 2007-3 C Definition: Consortium

Colorado did not submit their 

equivalent regulation to 10 CFR 30.4, 

Definition, Consortium for review. 

Colorado needs to provide for review 

the above equivalent regulation in 

order to meet the Compatibility 

Category C designation 10 CFR 30.4, 

Definition, Consortium. 

8 See 

Comment 

Section 

§30.32(g) 2007-3 C Application for specific licenses

Colorado did not submit their 

equivalent regulation to 10 CFR 

30.32(g) for review. 

Colorado needs to provide for review 

the above equivalent regulation in 

order to meet the Compatibility 

Category C designation 10 CFR 10 

CFR 30.32(g). 

9 See 

Comment 

Section 

§30.32(j) 2007-3 B Application for specific licenses

Colorado did not submit their 

equivalent regulation to 10 CFR 

30.32(j) for review. 

Colorado needs to provide for review 

the above equivalent regulation in 

order to meet the Compatibility 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

Category B designation 10 CFR 10 

CFR 30.32(j). 

10 See 

Comment 

Section 

§30.34 (g) 2007-3 H&S Terms and conditions of licenses

Colorado did not submit their 

equivalent regulation to 10 CFR 

30.34(g) for review. 

Colorado needs to provide for review 

the above equivalent regulation in 

order to meet the Category H&S 

designation 10 CFR 10 CFR 30.34(g). 

11 See 

Comment 

Section 

§30.34(j) 2007-3 B Terms and conditions of licenses

Colorado did not submit their 

equivalent regulation to 10 CFR 

30.34(j) for review. 

Colorado needs to provide for review 

the above equivalent regulation in 

order to meet the Compatibility 

Category B designation 10 CFR 10 

CFR 30.34(j). 

.

12 Part 3 

Schedule 3E 

§30.72 2007-3 H&S Schedule C – Quantities of 

radioactive material requiring 

consideration of the need for an 

emergency plan for responding to 

a release 

Colorado omits radium-226 from the 

table in Schedule 3E. Colorado 

needs to include an entry for radium226. 

Colorado needs to make the above 

change in order to meet the Category 

H&S designation assigned to 10 CFR 

30.72, Schedule C. 

13 3.6.4 '31.5(c)(13) 2007-3 B Certain detecting, measuring, 

gauging, or controlling devices 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

and/or an ionizing atmosphere

Colorado omits radium-226 from the 

3.6.4.13. Colorado needs to include 

an entry for radium-226 in its 

equivalent regulation to. 10 CFR 

31.5(c)(13). 

Colorado needs to make the above 

change in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 31.5(c)(13). 

14 3.12.10 §32.72 (a)(2)(i), 

(iii), (iv), (v), & (b) 

2007-3 B Manufacture, preparation, or 

transfer for commercial 

distribution of radioactive drugs, 

containing byproduct material for 

medical use under Part 35 

Colorado did not revise Section 

3.12.10 to incorporate the changes 

associated with 10 CFR 32.72 

(a)(2)(i), (iii), (iv), (v), & (b) in the final 

regulation. 

Colorado needs to make the 

corresponding revisions to Section 

3.12.10 order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 32.72 (a)(2)(i), 

(iii), (iv), (v), & (b). 

15 See 

Comment 

Section 

§ 35.11(a) 2007-3 C License required 

Colorado did not submit their 

equivalent regulation to 10 CFR 

35.11(a) for review. 

Colorado needs to provide for review 

the above equivalent regulation in 

order to meet the Compatibility 

Category C designation 10 CFR 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

35.11. 

16 See 

Comment 

Section 

§§35.63 (b)(2)(ii), 

(b)(2)(iii), & 

(c)(3); 35.100 (a) 

& (b); 35.200 (a) 

& (b); 35.204 (a); 

35.300 (a) & (b) 

2007-3 H&S Multiple 

Colorado did not submit their 

equivalent regulations to 10 CFR 

35.63, 35.100, 35.200, 35.204 and 

35.300 for review. 

Colorado needs to provide for review 

the above equivalent regulations in 

order to meet the Category H&S 

designation 10 CFR 35. 

17 18.1.5 §40.2 N/A Scope

In Section 18.1.5, it states, “The 

regulation of uranium in-situ leach 

mining (in situ recovery), as defined in 

section 34-32-103, CRS., involves the 

Department of Natural Resources, 

Division of Reclamation, Mining and 

Safety or their successor. The 

requirements of that agency may, due 

to the use of terms-of-art and other 

technical words, phrases and 

definitions, be interpreted 

inconsistently or be held in conflict 

with the department’s requirements. 

The Department will coordinate with 

that agency to the maximum extent 

practicable to resolve any such 

conflicts or inconsistencies. An 

applicant or licensee that identifies 

such inconsistency or conflict shall 

provide that information to both 

agencies for resolution.” 

This regulation as written indicates 

that there is a potential overlap 

between two Colorado agencies 

which could result in a duplication of 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

regulatory efforts to be resolved. 

Colorado should revise this provision 

to reflect that Department of Natural 

Resources, Division of Reclamation, 

Mining and Safety or their successor 

is not implementing any Atomic 

Energy Act regulatory authority under 

the 274b Agreement. 

However, if it is the State of 

Colorado’s intention that Department 

of Natural Resources, Division of 

Reclamation, Mining and Safety or 

their successor be part of the 

Colorado radiation control program, 

Colorado should inform NRC of this 

change of Section 274b program 

implementation so that the 

Department of Natural Resources, 

Division of Reclamation, Mining and 

Safety program can be incorporated 

into the NRC’s Integrated Material 

Performance Evaluation Program. 

Colorado needs to either clarify 

Section 18.1.5 that the Department 

has the responsibility for 

implementing the regulatory authority 

of 11e.2 byproduct material program 

under the Section 274b Agreement or 

inform NRC that the Department of 

Natural Resources, Division of 

Reclamation, Mining and Safety is 

now part of the Colorado’s Radiation 

Control Program under the Section 

274b Agreement with NRC. 

18 18.1.3 §40.2a N/A A Coverage of inactive tailings sites 

In Section 18.1.3, Colorado needs to 

delete the last phrase in the second 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

sentence, “unless that program fails 

to accomplish remedial action” 

because it is inconsistent the authority 

that Colorado has under their 274b 

agreement. 

Colorado needs to make the above 

change in order to meet the 

Compatibility Category A designation 

assigned to 10 CFR 40.2a(b) 

COMMENT STANDS from NRC 

letter dated March 28, 2002. 

19 18.2 §40.4, 

§61.2, 

Definitions: 

Active 

maintenance 

N/A H&S Definition: Active maintenance

The term “active maintenance” is 

defined in Part 61.2 and is unique to 

the requirements for Licensing 

Requirements for Land Disposal of 

Radioactive Waste in Part 61. The 

definition is not defined in 10 CFR 40 

or in Appendix A to 10 CFR 40. The 

use of this definition in context with 

the requirements in Part 40, Appendix 

A for 11e.(2) material can result in 

conflicts and duplications. Reference 

to “active maintenance” should be 

deleted from Section 18.2. 

Colorado needs to delete the term 

“active maintenance” from Section 

18.2 in order to meet the Category 

H&S designation assigned to 10 CFR 

61.2. and in order to avoid 

duplications, conflicts and gaps in 

accordance with the 1997 Policy 

Statement on Adequacy and 

Compatibility of Agreement State 

Programs. 

Comment withdrawn based on 

review of additional information, 

provided in Colorado’s April 19, 

2012 email. 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

20 18.2, 18.5.5, 

3.9.5, 3.16.4, 

3.16.7 

§40.4 

Part 40, 

Appendix A 

N/A Definition: Long term care

The term “long term care” is not 

defined in 10 CFR 40 or in Appendix 

A to 10 CFR 40. This term is not part 

of NRC’s regulatory scheme for 

11e.(2) byproduct materials. This 

definition can lead to conflicts with the 

requirements of Part 40 and should 

be deleted from Section 18.2 and Part 

18, Appendix A: Criterion 6. 

Colorado needs to delete the term 

“long term care” as noted above in 

order to avoid duplications, conflicts 

and gaps in accordance with the 1997 

Policy Statement on Adequacy and 

Compatibility of Agreement State 

Programs. 

21 18.2, 

Appendix A: 

Criterion 6 

§40.4 

Part 40, 

Appendix A 

N/A Definition: Post Closure

The term “post closure” is not defined 

in 10 CFR 40 or in Appendix A to 10 

CFR 40. This term is not part of 

NRC’s regulatory scheme. This 

definition can lead to conflicts with the 

requirements of Part 40 and should 

be deleted from Section 18.2 and Part 

18, Appendix A: Criterion 6. 

Colorado needs to delete the term 

“post closure” in order to avoid 

duplications, conflicts and gaps in 

accordance with the 1997 Policy 

Statement on Adequacy and 

Compatibility of Agreement State 

Programs. 

22 18.2. 

3.16 

§40.4 N/A A Definition: Residual radioactive 

material 

Colorado has omitted the definition of 

“residual radioactive material”. 

Colorado uses the term “residual 

radioactive material” in Section 3.16. 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

The term “residual radioactive 

material” in 10 CFR Part 40 is used 

only in respect to materials at sites 

subject to remediation under title I of 

the Uranium Mill Tailings Radiation 

Control Action of 1978, as amended. 

The authority for these materials is 

reserved to the NRC and Agreement 

States do not have authority for this 

activity. The phrase “residual 

radioactive material” should be 

deleted from Section 3.16 since this 

material is reserved to NRC’s 

jurisdiction. 

Colorado needs to make the above 

changes in order to meet the 

Compatibility Category A designation 

assigned to 10 CFR 40.4, Definitions, 

Residual radioactive material. 

After evaluation of information 

provided in email dated April 19, 

2012, staff has determined that the 

Comment stands. 

23 18.1, 18.2, 

Part 18 

Appendix A, 

3.9.5 

Part 40 

Part 40, 

Appendix A 

N/A Definition: Surveillance

Colorado defines the term 

“surveillance” in Section 18.2 as “the 

observation of the site for the 

purposes of visual detection of the 

need for maintenance, custodial care, 

evidence of unauthorized access, and 

compliance with other license and 

regulatory requirements.” 

However, this term is not defined in 

10 CFR 40 or in Appendix A to 10 

CFR 40. The term “surveillance” as 

used 10 CFR 40 includes monitoring 

or other surveillance that cannot be 

performed visually. This definition as 

written can lead to gaps in the 

regulatory program. 

Colorado needs to delete the 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

definition of “surveillance” in order to 

avoid duplications, conflicts and gaps 

in accordance with the 1997 Policy 

Statement on Adequacy and 

Compatibility of Agreement State 

Programs. 

24 18.2 §40.4 N/A A Definition: Uranium milling

Colorado has omitted definition of 

uranium milling. 

Colorado needs to adopt a definition 

of uranium milling to meet the 

Compatibility Category A designation 

assigned to Section 40.4, Definitions. 

After evaluation of information 

provided in email dated April 19, 

2012, staff has determined that the 

Comment stands. 

25 Part 18 §40.46 N/A C Inalienability of licenses 

Colorado omits the requirements from 

10 CFR 40.46 from Part 18. 

Colorado needs to adopt the above 

requirements in Part 18 in order to 

meet the Compatibility Category C 

designation assigned to 10 CFR 

40.46. 

Comment withdrawn based on 

review of Section 3.15.2 provided 

in Colorado’s April 19, 2012 email. 

26 Part 18 

Appendix A 

Part 40, 

Appendix A 

N/A A Appendix A Definition: Available 

technology 

Colorado has omitted definition of 

Available technology. 

Colorado needs to adopt a definition 

of Available technology to meet the 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

Compatibility Category A designation 

assigned to Part 40, Appendix A, 

Definitions. 

27 3.9.5.10 Part 40, 

Appendix A, 

II. Financial 

Criteria,

Criterion 10

N/A C Appendix A, II. Financial Criteria, 

Criterion 10

In Section 3.9.5.10 (4), Colorado’s 

regulations states, “The amount of 

funds to be provided by such longterm care warranties shall be based 

on Department-approved cost 

estimates and shall be enough that 

with an assumed six percent annual 

real interest rate, the annual interest 

earnings will be sufficient to cover to 

the annual costs of site surveillance 

by the Department, including 

reasonable administrative costs 

incurred by the Department, in 

perpetuity, subsequent to the 

termination of the license.” In NRC’s 

equivalent requirements in Criterion 

10 states “...with an assumed 1 

percent annual real interest rate...” 

The assumption of six percent in the 

above statement underestimates the 

amount of funds set aside for long 

term care creating a situation of 

having insufficient funds to cover the 

costs of surveillance. This is least 

restrictive than the NRC requirements 

in Criterion 10 and should be revised 

to address the essential objective of 

this requirement. 

Also, the regulation states that the 

Department would be responsible for 

site surveillance. Colorado has stated 

recently that the Department of 

Energy would be responsible for site 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

surveillance. As written, this option is 

not an option under the Colorado 

regulations. 

Colorado needs to adopt the above 

changes in order to meet the 

Compatibility Category C designation 

assigned to Appendix A. 

28 Part 18, 

Appendix A

Criterion 9

Part 40, 

Appendix A, 

III. Site and 

Byproduct 

Material 

Ownership 

Criterion 11

N/A NRC APPENDIX A, III. Site and 

Byproduct Material Ownership 

In Criteria 9C and 9D, the 

“Department” was inadvertently 

inserted where only the NRC has 

licensed authority. 

Colorado needs to correct the 

references to the “Department” in 

Criteria 9C and 9D in order to meet 

the Compatibility Category NRC 

designation assigned to 10 CFR Part 

40 Criteria 11. 

COMMENT STANDS from NRC 

letter dated March 28, 2002. 
STATE REGULATION STATUS

State: Colorado 

 Trackin

[3 amendment(s) and final amendments not associated Date: JWith a specific RATS reviewed is identified by a i at 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 Comments 

05/29/1997 

ColoraRegul1997-

1991-2 ASNT Certification of Radiographers 

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

none Not Required Not Required Colora

Regul1997-

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 

08/18/1997 

1991-4 Notification of Incidents 

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

10/15/1994 Final Comments 

05/29/1997 

1992-1 Quality Management Program and 

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

01/27/1995 Not Required Not Required Colora

RegulID: 20

1992-2 Eliminating the Recordkeeping Requirements 

for Departures from Manufacturer's Instructions 

none Not Required Not Required These 

requir
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

Parts 30, 35 57 FR 45566 

of Com

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 

06/14/2000 

1993-2 Licensing and Radiation Safety Requirements for 

Irradiators Part 36 58 FR 7715 

07/01/1996 Final No Comments 

05/29/1997 

1993-3 Definition of Land Disposal and Waste Site QA 

Program Part 61 58 FR 33886 

07/22/1996 Final 

ML043290167 

No Comments 01/05/2005 ML050050164 

1994-1 Self-Guarantee as an Additional Financial 

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

none Final No Comments 

06/14/2000 

These requirof Com

1994-2 Uranium Mill Tailings Regulations: Conforming 

NRC Requirements to EPA Standards Part 40 59 FR 28220 

07/01/1997 Final 

ML043290167 

No Comments 01/05/2005 ML050050164 

1994-3 Timeliness in Decommissioning Material Facilities 

Parts 30, 40, 70 59 FR 36026 

08/15/1997 Final No Comments 

06/14/2000 

1995-1 Preparation, Transfer for Commercial Distribution, 01/01/1998 Final No Comments 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

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

06/14/2000 

1995-2 Frequency of Medical Examinations for Use of 

Respiratory Protection Equipment Part 20 60 FR 7900 

03/13/1998 Final No Comments 

06/14/2000 

1995-3 Low-Level Waste Shipment Manifest Information 

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

03/01/1998 Final 

ML043290167 

No Comments 01/05/2005 ML050050164 

1995-4 Performance Requirements for Radiography 

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

06/30/1998 Final No Comments 

06/14/2000 

ColoraRegul1997-

1995-5 Radiation Protection Requirements: Amended 

Definitions and Criteria Parts 19, 20 60 FR 36038 

08/14/1998 Final 

ML080770375 

No Comments 05/02/2008 ML081221012 

1995-6 Clarification of Decommissioning Funding 

Requirements Parts 30, 40, 70 60 FR 38235 

11/24/1998 Final 

ML043290167 

No Comments 01/05/2005 ML050050164 

1995-7 Medical Administration of Radiation and Radioactive 

Materials Parts 20, 35 

10/20/1998 Final 

ML043290167 

No Comments 01/05/2005 ML050050164 

ColoraRegulIDs: 2
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

60 FR 48623 (Superceded by 2002-2 and 2005-2) 

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 

03/22/2001 

ColoraRegul2004-

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 

requirof Com

1996-3 Termination or Transfer of Licensed Activities: 

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

06/17/1999 Final 

ML043290167 

No Comments 01/05/2005 ML050050164 

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 08/08/2000 

1997-2 Recognition of Agreement State Licenses in Areas 

Under Exclusive Federal Jurisdiction Within an Agreement State Part 150 62 FR 1662 

02/27/2000 Final No Comments 

06/14/2000 

1997-3 Criteria for the Release of Individuals Administered 

Radioactive Material Parts 20, 35 

05/29/2000 Final No Comments 

06/14/2000 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

62 FR 4120 

1997-4 Fissile Material Shipments and Exemptions 

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

02/10/2000 Not Required Not Required Colora

Regul2004-

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 

08/08/2000 

1997-6 Radiological Criteria for License Termination 

Parts 20, 30, 40, 70 62 FR 39057 

08/20/2000 Final No Comments 

07/13/1999 

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 

06/14/2000 

1998-1 Deliberate Misconduct by Unlicensed Persons 

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

02/12/2001 Final 

ML010380248 

No Comments 09/17/2001 ML012630207 

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 

requirof Com

1998-3 License Term for Medical Use Licenses 

Part 35 63 FR 31604 

07/10/2001 Not Required Not Required These 

requirof Com
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

(Superceded by 2002-2) Colora

Regul2002-

1998-4 Licenses for Industrial Radiography and Radiation 

Safety Requirements for Industrial Radiographic Operations Part 34 63 FR 37059 

07/09/2001 Final No Comments 

08/08/2000 

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

Policy Change Parts 20, 32, 35, 36, 39 63 FR 39477; 63 FR 45393 

10/26/2001 Final 

ML043290167 

No Comments 01/05/2005 ML050050164 

1998-6 Transfer for Disposal and Manifests: Minor 

Technical Conforming Amendment Part 20 63 FR 50127 

11/20/2001 Final 

ML042440167 

No Comments 01/05/2005 ML050050164 

1999-1 Radiological Criteria for License Termination of 

Uranium Recovery Facilities Part 40 64 FR 17506 

06/11/2002 Final 

ML020320440 

No Comments 03/28/2002 ML020880468 

1999-2 Requirements for Those Who Possess Certain 

Industrial Devices Containing Byproduct Material to Provide Requested Information Part 31 64 FR 42269 

10/04/2002 Not Required Not Required These 

requirof Com

1999-3 Respiratory Protection and Controls to Restrict 

Internal Exposure 

02/02/2003 Final 

ML043290167 

No Comments 01/05/2005 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

Part 20 64 FR 54543; 64 FR 55524 

ML050050164 

2000-1 Energy Compensation Sources for Well Logging 

and Other Regulatory Clarifications Part 39 65 FR 20337 

05/17/2003 Final 

ML051580379 

No Comments 07/11/2005 ML051930014 

2000-2 New Dosimetry Technology 

Parts 34, 36, 39 65 FR 63750 

01/08/2004 Final 

ML043290167 

No Comments 01/05/2005 ML050050164 

2001-1 Requirements for Certain Generally Licensed 

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

02/16/2004 Final 

ML043290167 

Comments 08/31/2006 ML062400296 

2002-1 Revision of the Skin Dose Limit 

Part 20 67 FR 16298 

04/05/2005 Final 

ML043290167 

No Comments 01/05/2005 ML050050164 

2002-2 Medical Use of Byproduct Material 

Parts 20, 32, 35 67 FR 20249 

10/24/2005 Final 

ML 051580379 

No Comments 07/11/2005 ML051930014 

2003-1 Financial Assurance for Materials Licensees 

Parts 30, 40, 70 68 FR 57327 

12/03/2006 Final 

ML043290167 

No Comments 01/05/2005 ML050050164 

2004-1 Compatibility With IAEA Transportation Safety 

Standards and Other Transportation Safety Amendments Part 71 

10/01/2007 Final 

ML072620303 

Comments 10/15/2007 ML072900374 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

69 FR 3697 

2005-1 Security Requirements for Portable Gauges 

Containing Byproduct Material Part 30 70 FR 2001 

07/11/2008 Final 

ML052010436 

No Comments 08/05/2005 ML052220212 

2005-2 Medical Use of Byproduct Material - Recognition of 

Specialty Boards Part 35 70 FR 16336; 71 FR 1926 

04/29/2008 Final 

ML051580379 

No Comments 07/11/2005 ML051930014 

2005-3 Increased Controls for Risk-Significant Radioactive 

Sources (NRC Order EA-05-090)

70 FR 72128 

12/01/2005 License 

Condition ML052580384 

No Comments 09/19/2005 ML052630557 

*2006-1 Minor Amendments 

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

03/27/2009 Final 

ML121150500 Final ML121150470 

No Comments 06/21/2012 ML12150A112 Comments 06/28/2012 ML12177A030 

Part 3Parts 

2006-2 National Source Tracking System - Serialization 

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

02/06/2007 

2006-3 National Source Tracking System 

Part 20 71 FR 65685, 72 FR 59162 

01/31/2009 License 

Condition ML082730235 

No Comments 10/21/2008 ML082880091 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

2007-1 Medical Use of Byproduct Material - Minor 

Corrections and Clarifications Parts 32 and 35 72 FR 45147, 54207 

10/29/2010 Final 

ML121150500 

Comments 06/21/2012 ML12150A112 

Part 3

*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 Final 

ML121150470 

Comments 06/28/2012 ML12177A030 

*2007-3 Requirements for Expanded Definition of Byproduct 

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

11/30/2010 Final 

ML121150500 Final ML121150470 

No Comments 06/21/2012 ML12150A112 Comments 06/28/2012 ML12177A030 

Part 3Requiyet be

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 ML081070079 

No Comments 05/13/2008 ML081260713 

2008-1 Occupational Dose Records, Labeling Containers, 

and Total Effective Dose Equivalent Parts 19, 20 72 FR 68043 

02/15/2011 Proposed 

ML100960326 

Comments 05/04/2010 ML101040019 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

2009-1 Medical Use of Byproduct Material – Authorized 

User Clarification Part 35 74 FR 33901 

09/28/2012 Final 

ML121150500 

Comments 06/21/2012 ML12150A112 

2011-1 Decommissioning Planning 

Parts 20, 30, 40, 70 76 FR 35512 

12/17/2015 

2011-2 Licenses, Certifications, and Approvals for Materials 

Licensees Parts 30, 36, 39, 40, 51, 70, and 150 76 FR 56951 

11/14/2014 

2012-1 Change of Compatibility of 10 CFR 31.5 and 31.6 

(See RATS ID: 2001-1 for Rule text) 77 FR 3640 

01/25/2015 

2012-2 Advance Notification to Native American Tribes of 

Transportation of Certain Types of Nuclear Waste Part 71 77 FR 34194 

08/10/2015 

N/A 10 CFR 20.1003, 34.20, 34.35 and 34.43 N/A Final 

ML093020612 

Comments 12/29/2009 ML093360435 

*N/A 10 CFR Part 40 N/A Final 

ML121150470 

Comments 06/28/2012 ML12177A030 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

N/A Legislation N/A Final 

ML111080623 

Comments 10/24/2011 ML112630034