December 4, 2014 

Ray Rusin, Chief 

Office of Facilities Regulation 

Rhode Island Department of Health 

3 Capitol Hill, Room 305/306 

Providence, RI 02908 

Dear Mr. Rusin: 

We have reviewed the proposed changes to the Rhode Island regulations “Rules and 

Regulations for the Control of Radiation,” received by our office on August 29, 2013. These 

regulations were reviewed by comparison to the equivalent Nuclear Regulatory Commission 

(NRC) rules in 10 CFR Parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 39, 40, 61, 70, 71, 150 and the 

requirements of the 15 amendments identified in the enclosed State Regulation Status (SRS) 

Data Sheet. We discussed our review of the regulations with William Dundulis on December 2, 

2013. 

As a result of our review, we have 39 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 Rhode Island 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 Rhode Island 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, “Compatibility Categories and Health and 

Safety Identification for NRC Regulations and Other Program Elements.” 

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. 

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 FSME website: http://nrc-stp.ornl.gov/rulemaking.html. 

 
R. Rusin -2- 

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 

(kathleen.schneider@nrc.gov) or Monica Ford at (610) 337-5214 (monica.orendi@nrc.gov). 

Sincerely, 

/RA A.D. White for/ 

Pamela J. Henderson, Deputy Director 

Division of Materials Safety and State Agreements 

Office of Federal and State Materials 

 and Environmental Management Programs 

Enclosures: 

1. Compatibility Comment Table 

2. Rhode Island SRS Data Sheet 

 
R. Rusin -2- 

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 

(kathleen.schneider@nrc.gov) or Monica Ford at (610) 337-5214 (monica.orendi@nrc.gov). 

Sincerely, 

/RA A.D. White for/ 

Pamela J. Henderson, Deputy Director 

Division of Materials Safety and State Agreements 

Office of Federal and State Materials 

 and Environmental Management Programs 

Enclosures: 

1. Compatibility Comment Table 

2. Rhode Island SRS Data Sheet 

DISTRIBUTION: (SP05) 

Rhode Island File, 13-36 

DJanda, RI 

JKatanic, FSME 

Incoming Document: ML13240A269 

OFFFICE Rgn I ASPB OGC BC:ASPB MSSA 

NAME MFord 

via email 

KSchneider BJones /lsc DWhite PHenderson/ 

adw 

DATE 10/31/13 11/08/13 11/25/13 12/04/13 12/04/13 

ML13274A005 OFFICIAL RECORD COPY Package ML13240A262
1 

 COMPATIBILITY COMMENTS ON RHODE ISLAND PROPOSED REGULATIONS 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

1 A.4.1 20.2001(a) 2007-3 C General Requirements. 

Rhode Island needs to remove “or the 

U.S. Department of Energy” from 

A.4.1(a)(1). 

Rhode Island needs to make the 

above change in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 20.2001. 

2 A.5.18(b) 20.2205 2008-1 C Reports to Individuals of 

Exceeding Dose Limits. 

Rhode Island needs to change 

A.5.18(b) to read “When a licensee or 

registrant is required pursuant to 

A.5.14 or A.5.15 to report to the 

Agency any exposure of an identified 

occupationally exposed individual or 

an identified member of the public to 

radiation or radioactive material, the 

licensee or registrant shall also 

provide the individual a report on his 

or her exposure data included in the 

report to the Agency. Such notice 

shall be transmitted at a time not later 

than the transmittal to the Agency, 

and shall comply with the provisions 

of A.6.4(a).” 

Rhode Island needs to make the 

above change in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 20.2205. 

3 Part A 

Appendix B 

10 CFR 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. 
2 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

Rhode Island lists the table values for 

Nitrogen and Oxygen in the wrong 

columns. The values should be listed 

in Column 2 and 3 in Table 1 instead 

of Column 3 in Table 1 and Column 1 

in Table 2. 

Rhode Island needs to fix the 

superscript on Zinc 63 and 69 to show 

footnote 2 instead on Zn-632 and 

Zn-692. 

The Table header for the additional 

table in the “Note” section of Part A 

appendix B printed at the top of the 

page instead of with the table in the 

Note. Rhode Island needs to move 

the table header down to the table in 

the “Note” in Appendix B. 

Rhode Island needs to make the 

above changes in order to meet the 

Compatibility Category A designation 

assigned to 10 CFR 20 Appendix B. 

4 C.2.2(a) 30.14 2007-2 B Exempt Concentrations. 

Rhode Island omits an equivalent 

regulation to 10 CFR 30.14(b). 

Rhode Island has an incorrect 

reference in C.2.2(a)(2)(i). Rhode 

Island needs to change C.2.2(a)(2)(i) 

from “... in concentrations not in 

excess of those specified in Appendix 

B of this Part ...” to “... in 

concentrations not in excess of those 

specified in Appendix A to this Part 

...” 

Rhode Island needs to make the 

above changes in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 30.14. 
3 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

5 C.2.2(c) 30.15 2007-2 

2007-3 

2012-4 

B Certain Items Containing 

Byproduct Material. 

Rhode Island omits “or persons who 

initially transfer for sale or distribution 

the following products containing 

byproduct material” between 

“following products” and “any person” 

in C.2.2(c)(1). 

Rhode Island omits an equivalent 

regulation to 10 CFR 30.15(a)(7). 

Rhode Island needs to make the 

above changes in order to meet the 

Compatibility Category B designation 

assigned to10 CFR 30.15. 

6 C.2.2(b) 30.18 2007-2 

2007-3 

B Exempt Quantities. 

Rhode Island has an incorrect 

reference in C.2.2(b)(1)(ii). Rhode 

Island needs to change “... set forth in 

10 CFR Parts 30 through 34, 36, and 

39 to the extent ...” to “... set forth in 

Parts C and E to the extent ...” 

Rhode Island needs to make the 

above change in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 30.18.

7 C.2.2(c)(2) 30.19 2012-4 B Self-luminous Products Containing 

Tritium, Krypton-85, or 

Promethium-147. 

Rhode Island omits “or initially 

transfer for sale or distribution” from 

C.2.2(c)(2)(i). 

Rhode Island needs to remove the 

word “imported” and needs to add the 

word “initially” before the word 

“transferred” in C.2.2(c)(i). 
4 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

Rhode Island needs to make the 

above changes in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 30.19. 

8 N/A 30.34(j) 2007-3 B Terms and Conditions of Licenses. 

Rhode Island omits an equivalent 

regulation to 10 CFR 30.34(j)(4). 

Rhode Island needs to adopt an 

equivalent provision to 10 CFR 

30.34(j)(4) in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 30.34(j). 

9 C.4.2(b) 31.5 2007-2 

2007-3 

2012-1 

C Certain Detecting, Measuring, 

Gauging, or Controlling Devices 

and Certain Devices for Producing 

Light or an Ionized Atmosphere. 

Rhode Island has an incorrect 

reference in C.4.2(b)(2)(i). Rhode 

Island needs to change the reference 

to “10 CFR 31.52” to “10 CFR 32.51.” 

Rhode Island omits a reference in 

C.4.2(b)(3)(iii). Rhode Island needs 

to change the first sentence of 

C.4.2(b)(3)(iii) to read “Shall assure 

that the tests required in 

C.4.2(b)(3)(ii) and other testing ...” 

Rhode Island needs to add “or import” 

after “... does not authorize the 

manufacture” in C.4.2(b)(4). 

Rhode Island omits an equivalent 

regulation 10 CFR 31.5 (c)(11). 

Rhode Island needs to make the 

above changes in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 31.5. 
5 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

10 C.5.5(d) 32.51 2012-4 B Byproduct Material Contained in 

Devices for Use Under § 31.5; 

Requirements for License to 

Manufacture, or Initially Transfer. 

Rhode Island needs to change 

C.5.5(d)(1)(ii)(b) from “... any person 

will receive in any period of one (1) 

calendar quarter a dose ...” to “... any 

person will receive in one (1) year a 

dose ...” 

Rhode Island needs to change the 

statement made in C.5.5.(d)(1)(ii)(c) 

to say “(Name of manufacturer or 

initial transferor).” 

Rhode Island needs to make the 

above changes in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 32.51. 

11 C.5.5(j) 32.72 2006-1 

2007-1 

2007-3 

B Manufacture, Preparation, or 

Transfer for Commercial 

Distribution of Radioactive Drugs 

Containing Byproduct Material for 

Medical Use Under Part 35. 

Rhode Island needs to include “with a 

state agency or” between 

“manufacturer” and “in accordance” in 

C.5.5(j)(1)(ii)(b). 

Rhode Island needs to add “with a 

state agency or” between “pharmacy” 

and “in accordance” in 

C.5.5.(j)(1)(ii)(c). 

Rhode Island omits an equivalent 

provision to 10 CFR 32.72(a)(2)(iv). 

Rhode Island needs to add 

“registered with a state agency or” 

between “facility” and “licensed” in 

C.5.5(j)(1)(ii)(d). 
6 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

Rhode Island needs to change the 

reference in C.5.5(j)(2) to read “A 

licensee described by C.5.5(j)(1)(ii)(c) 

and (insert reference when equivalent 

to 10 CFR 32.72(a)(2)(iv) is added):.” 

Rhode Island omits a reference to 10 

CR 32.72(b)(4) from C.5.5(j)(2)(i). 

Rhode Island omits equivalent 

regulations to 10 CFR 32.72(b)(2)(iii), 

(b)(3), (b)(4) [including sections 

(b)(4)(i)-(ii)], (b)(5) [including (b)(5)(i)-

(vi). 

Rhode Island needs to make the 

above changes in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 32.72. 

12 C.5.5(l) 32.74 2006-1 

2007-1 

2012-4 

B Manufacture and Distribution of 

Sources or Devices Containing 

Byproduct Material for Medical 

Use. 

Rhode Island omits the word 

“transmission” between “calibration” 

and “or reference” in C.5.5(l). 

Rhode Island needs to make the 

above change in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 32.74 

13 C.4.2(f) & 

C.5.5(f) 

32.102 2007-3 B Schedule-C Prototype Tests for 

Calibration or Reference Sources 

Containing Americium-241. 

Rhode Island attempts to incorporate 

10 CFR 32.102 by reference. Rhode 

Island has nearly identical provisions 

in C.4.2(f) and C.5.5(f), however in 

the cross-walk for RATS ID 2007-3 

the note says Rhode Island plans to 

delete the reference to 10 CFR 32.60 
7 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

since this provision no longer exists. 

Rhode Island is actually proposing to 

delete the reference to 10 CFR 

32.102. 

Rhode Island needs to leave the 

reference to 10 CFR 32.102 and 

delete the reference to 10 CFR 32.60 

in C.5.5(f) in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 32.102. 

14 E.2.18 34.20 2012-3 B Performance Requirements for 

Industrial Radiography Equipment. 

Rhode Island lists an incorrect 

reference in E.2.18(b)(2). Rhode 

Island needs to change E.2.18(b)(2) 

from “... containers must meet the 

applicable requirements of 10 CFR 

Part 71” to “... containers must meet 

the applicable requirements in Part 

C.” 

Rhode Island is more restrictive in 

E.2.18(b)(3). Rhode Island needs to 

change E.2.18(b)(3) from 

“Modification of exposure devices, 

source changers, source assemblies 

and associated equipment is 

prohibited, unless approved by the 

Agency or other approval body.” to 

“Modification of exposure devices, 

source changers, source assemblies 

and associated equipment 

is prohibited, unless the design of any 

replacement component, including 

source holder, source assembly, 

control or guide tubes, would not 

compromise the design safety 

features of the system.” 

Rhode Island needs to make the 

above changes in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 34.20. 
8 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

15 A.0 35.2 2006-1 B Definition: Authorized medical 

physicist 

Rhode Island omits “U.S. Nuclear 

Regulatory Commission master 

material licensee” from A.0 definition 

authorized medical physicist (2)(i). 

Rhode Island omits “U.S. Nuclear 

Regulatory Commission master 

material” from A.0 definition 

authorized medical physicist (2)(ii). 

Rhode Island needs to make the 

above changes in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 35.2 Definition: 

Authorized medical physicist. 

16 A.0 35.2 2006-1 B Definition: Authorized nuclear 

pharmacist 

Rhode Island omits “U.S. Nuclear 

Regulatory Commission master 

material licensee” from A.0 definition 

authorized nuclear pharmacist (2)(i). 

Rhode Island omits “U.S. Nuclear 

Regulatory Commission master 

material” from A.0 definition 

authorized nuclear pharmacist (2)(ii). 

Rhode Island omits an equivalent to 

10 CFR 35.2 definition authorized 

nuclear pharmacist paragraph (3). 

Rhode Island needs to make the 

above changes in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 35.2 Definition: 

Authorized nuclear pharmacist. 
9 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

17 A.0 35.2 2006-1 B Definition: Authorized user 

Rhode Island omits “U.S. Nuclear 

Regulatory Commission master 

material licensee” from A.0 definition 

authorized user (1)(ii)(a). 

Rhode Island omits “U.S. Nuclear 

Regulatory Commission master 

material” from A.0 definition 

authorized user (1)(ii)(b). 

Rhode Island needs to make the 

above change in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 35.2 Definition: 

Authorized user.

18 C.8.1(d) 35.11(a) 2007-3 C License Required. 

Rhode Island has incorrect references 

in C.8.1(d). Rhode Island needs to 

change “...or as allowed by C.8.8(a) 

and C.8.8(b) of these regulations.” to 

“... or as allowed by C.8.1(d)(1) and 

C.8.1(d)(2) of these regulations.” 

Rhode Island needs to make the 

above change in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 35.11(a). 

19 C.8.62 35.50 2006-1 

2009-1 

B Training for Radiation Safety 

Officer. 

Rhode Island needs to change 

C.8.62(b)(1)(i) from “200 hours of 

didactic training in the following 

areas” to “ 200 hours of classroom 

and laboratory training in the following 

areas.” 

Rhode Island needs to make the 

above change in order to meet the 

Compatibility Category B designation 
10 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

assigned to 10 CFR 35.50. 

20 C.8.71 35.51 2006-1 

2009-1 

B Training for an Authorized Medical 

Physicist. 

Rhode Island is more restrictive in 

C.8.71(b)(2)(ii). Rhode Island needs 

to change C.8.71(b)(2)(ii) to read “... 

under the direction of physicians who 

meet the requirements in C.8.67, 

C.8.70, C.8.72, or C.8.73; and.” 

Rhode Island needs to make the 

above change in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 35.51. 

21 C.8.65 35.290 2006-1 

2007-1 

2009-1 

B Training for Imaging and 

Localization Studies. 

Rhode Island needs to change 

C.8.65(a)(1) from “... use of unsealed 

radioactive material for uptake, 

dilution, and excretions studies...” to 

“... use of unsealed radioactive 

material for imaging and localization 

studies ...” 

Rhode Island needs to include 

“including a minimum of 80 hours of 

classroom and laboratory training” in 

between “experience” and “in basic” 

in C.8.65(c)(1). 

Rhode Island needs to change the 

reference “C.8.65 (c)(1)(ii)(f)” made in 

C.8.65(b) and (c)(2) to 

“C.8.65(c)(1)(ii)(g).” 

Rhode Island needs to make the 

above change in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 35.290. 
11 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

22 C.8.67 35.490 2006-1 

2009-1 

B Training for Use of Manual 

Brachytherapy Sources. 

Rhode Island has an incorrect 

reference in C.8.67(b)(3). Rhode 

Island needs to change “... for the 

medical uses authorized under 

C.8.67.” to “... for the medical uses 

authorized under C.8.40.” 

Rhode Island needs to make the 

above change in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 35.490. 

23 C.5.2/ N/A 39.13 2011-2 H&S Specific Licenses for Well-Logging.

Rhode Island does not have an 

equivalent regulation to 10 CFR 

39.13. 

Rhode Island uses its C.5.2 to cover 

10 CFR 39.13(a) however the rest of 

C.5.2 does not address 10 CFR 

39.13(b)-(f). 

Rhode Island needs to adopt the 

essential health and safety elements 

of this rule in order to meet the 

Category H&S designation assigned 

to 10 CFR 39.13. 

24 A.0 71.4 2004-1 [B] Definition: A1 

Rhode Island lists an incorrect 

reference in its definition. Rhode 

Island needs to change “... with the 

procedures described in Appendix G 

to Part A ...” to “ ... with the 

procedures described in Appendix G 

to Part C ...” 

Rhode Island needs to make the 

above change in order to meet the 

Compatibility Category [B] 
12 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

designation assigned to 10 CFR 71.4 

Definition: A1. 

25 A.0 71.4 2004-1 [B] Definition: A2 

Rhode Island lists an incorrect 

reference in its definition. Rhode 

Island needs to change “... with the 

procedures described in Appendix G 

to Part A ...” to “ ... with the 

procedures described in Appendix G 

to Part C ...” 

Rhode Island needs to make the 

above change in order to meet the 

Compatibility Category [B] 

designation assigned to 10 CFR 71.4 

Definition: A2. 

26 A.0 71.4 2004-1 [B] Definition: Criticality Safety Index

Rhode Island lists incorrect 

references in its definition. Rhode 

Island needs to change “... 

Determination of the criticality safety 

index is described in 10 CFR 71.22, 

71.12, and 71.59.” to “Determination 

of the criticality safety index is 

described in C.7.10, C.7.8 and 10 

CFR 71.59.” 

Rhode Island needs to make the 

above change in order to meet the 

Compatibility Category [B] 

designation assigned to 10 CFR 71.4 

Definition: Criticality Safety Index. 

27 A.0 71.4 2004-1 [B] Definition: Deuterium

Rhode Island lists incorrect 

references in its definition. Rhode 

Island needs to change “means, for 

the purposes of 10 CFR 71.15 and 

71.22, deuterium ...” to “means for 

the purposes of C.7.3 and C.7.10, 

deuterium ...” 
13 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

Rhode Island needs to make the 

above change in order to meet the 

Compatibility Category [B] 

designation assigned to 10 CFR 71.4 

Definition: Deuterium. 

28 A.0 71.4 2004-1 [B] Definition: Fissile material

Rhode Island lists incorrect 

references in its definition. Rhode 

Island needs to change “... Certain 

exclusions from fissile material 

controls are provided in 10 CFR 

71.15.” to “... Certain exclusions from 

fissile material controls are provided 

in C.7.3.” 

Rhode Island needs to make the 

above change in order to meet the 

Compatibility Category [B] 

designation assigned to 10 CFR 71.4 

Definition: Fissile material. 

29 A.0 71.4 2004-1 [B] Definition: Graphite 

Rhode Island lists incorrect 

references in its definition. Rhode 

Island needs to change “means, for 

the purposes of 10 CFR 71.15 and 

71.22, graphite with a ...” to “means 

for the purposes of C.7.3 and C.7.10, 

graphite with a ...” 

Rhode Island needs to make the 

above change in order to meet the 

Compatibility Category [B] 

designation assigned to 10 CFR 71.4 

Definition: Graphite.

30 A.0 71.4 2004-1 [B] Definition: Low Specific Activity 

Rhode Island lists incorrect 

references in its definition. Rhode 

island needs to change “... or is 
14 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

excepted under 10 CFR 71.15 ...” to 

“... or is excepted under C.7.3 ...” and 

“... activity concentration determined 

in accordance with Appendix G to 

Part A ...” to “... activity concentration 

determined in accordance with 

Appendix G to Part C ...” 

Rhode Island needs to make the 

above changes in order to meet the 

Compatibility Category [B] 

designation assigned to 10 CFR 71.4 

Definition: Low Specific Activity.

31 A.0 71.4 2004-1 [B] Definition: Packaging 

Rhode Island lists an incorrect 

reference in its definition. Rhode 

Island needs to change “... 

compliance with the packaging 

requirements of 10 CFR 71.” to “... 

compliance with the packaging 

requirements of Part C.” 

Rhode Island needs to make the 

above change in order to meet the 

Compatibility Category [B] 

designation assigned to 10 CFR 71.4 

Definition: Packaging. 

32 A.0 71.4 2004-1 [B] Definition: Type A Quantity 

Rhode Island lists an incorrect 

reference in its definition. Rhode 

Island needs to change “... are given 

in Appendix G to this Part or may be 

determined by procedures described 

in Appendix G.” to “... are given in 

Appendix G to Part C or may be 

determined by procedures described 

in Appendix G to Part C.” 

Rhode Island needs to make the 

above change in order to meet the 

Compatibility Category [B] 

designation to 10 CFR 71.4 Definition: 
15 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

Type A Quantity. 

33 C.7.6 71.17 2004-1 [B] General License: NRC Approved 

Package. 

Rhode Island lists incorrect 

references in C.7.6(b)(2) and 

C.7.6(b)(4). Rhode Island should 

change “... or other approval by the 

Nuclear Regulatory Commission, as 

applicable, and the applicable 

requirements of 10 CFR 71 Subparts 

A, G, and H;” to “... or other approval, 

as applicable, and the applicable 

requirements of C.7;” and change 

“Has a quality assurance program 

approved by the Nuclear Regulatory 

Commission as satisfying the 

provisions of 10 CFR 71 Subpart H.” 

to “Has a quality assurance program 

approved by the Agency as satisfying 

C.7.19.” 

Rhode Island omits an equivalent 

regulation to 10 CFR 71.17(c)(3) from 

its regulations. 

Rhode Island needs to make the 

above change in order to meet the 

Compatibility Category [B] 

designation assigned to 10 CFR 

71.17. 

34 C.7.9 71.21 2004-1 [B] General License: Use of foreign 

approved package. 

Rhode Island lists incorrect 

references in C.7.9(c)(2) and (c)(3). 

Rhode Island needs to change 

“...with the applicable requirements of 

this 10 CFR 71, Subparts A, G and H. 

With respect to the quality assurance 

provisions of 10 CFR 71, Subpart H, 

the licensee ...” to “... with the 

applicable requirements of C.7. With 

respect to the quality assurance 
16 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

provisions of C.7.19, the licensee ...” 

and “...has a quality assurance 

program approved by the Nuclear 

Regulatory Commission as satisfying 

the provisions of 10 CFR 71, Subpart 

H.” to “... has a quality assurance 

program approved by the Agency 

satisfying the provisions of C.7.19.” 

Rhode Island needs to make the 

above changes in order to meet the 

Compatibility Category [B] 

designation assigned to 10 CFR 

71.21. 

35 C.7.10 71.22 2004-1 [B] General License: Fissile Material. 

Rhode Island has incorrect references 

in C.7.10. Rhode Island needs to 

change C.7.10(c) from “... approved 

by the Nuclear Regulatory 

Commission as satisfying the 

provisions of 10 CFR 71, Subpart H.” 

to “... approved by the agency as 

satisfying to provisions of C.7.19.” 

Rhode Island needs to change 

C.7.10(e)(4) from “If Table 1 is used 

...” to “ If Table 2 is used ...” 

Rhode Island needs to make the 

above changes in order to meet the 

Compatibility Category [B] 

designation assigned to 10 CFR 

71.22. 

36 C.7.8 71.23 2004-1 [B] General license: Plutonium 

beryllium special form material. 

Rhode Island lists an incorrect 

reference in C.7.8(b). Rhode Island 

needs to change “...approved by the 

Nuclear Regulatory Commission as 

satisfying the provisions of 10 CFR 71 

Subpart H.” to “... approved by the 

agency as satisfying the provisions of 

C.7.19.” 
17 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

Rhode Island needs to make the 

above change in order to meet the 

Compatibility Category [B] 

designation assigned to 10 CFR 

71.23. 

37 C.7.18 71.97 2004-1 

2012-2 

B Advance notification of shipment 

of irradiated reactor fuel and 

nuclear waste. 

Rhode Island has an incorrect 

reference in C.7.18(a)(1) and (a)(2). 

Rhode Island needs to change “As 

specified in C.7.18(b), (d), and (e) ...” 

to “ As specified in C.7.18(b), (c), and 

(d) ...” in both C.7.18(a)(1) and (a)(2). 

Rhode Island needs to make the 

above change in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 71.97. 

38 C.7.19(e) 71.101(g) 2004-1 C Quality assurance requirements. 

Rhode Island lists an incorrect 

reference in C.7.19(e). Rhode Island 

needs to change “... and meeting the 

requirements in E.2.9(b) ...” to “... 

and meeting the requirements in 

E.2.9(c) ...” 

Rhode Island needs to make the 

above change in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 71.101(g). 

39 Part C 

Appendix G 

10 CR 71 

Appendix A 

2004-1 

2012-3 

[B] Determination of A1 and A2. 

Rhode Island does not adopt an 

equivalent table to 10 CFR 71 

Appendix A, Table A-3 in Part C, 

Appendix G, Table II. Table II has 

incorrect values listed under A1 and 

A2 and is missing an entire row and 

four columns of data. 
18 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

Rhode Island has the units wrong in 

Part C, Appendix G, Table III. The 

column labeled Ci/g should actually 

be labeled TBq/g and the column 

labeled TBQ/g should be labeled Ci/g. 

Rhode Island needs to make the 

above changes in order to meet the 

Compatibility Category [B] 

designation assigned to 10 CFR 71 

Appendix A. 
STATE REGULATION STATUS

State: Rhode Island 

 Tracking Ticket Number: 13-36 

[15 amendment(s) reviewed is identified by a * Date: December 4, 2014 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 Not Required Not Required Rhode Island has adopted Final 

Regulations equivalent to RATS ID: 1997-5. 

1991-2 ASNT Certification of Radiographers 

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

none Not Required Not Required Rhode Island has adopted Final 

Regulations equivalent to RATS ID: 1997-5. 

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 

10/16/1997 

1991-4 Notification of Incidents 

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

10/15/1994 Final No Comments 

09/22/1999 

1992-1 Quality Management Program and 

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

01/27/1995 Final No Comments 

09/22/1999 

Rhode Island has adopted Final Regulations equivalent to RATS ID: 2002-2. 

1992-2 Eliminating the Recordkeeping Requirements 

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

none Not Required Not Required These regulation changes are not 

required to be adopted for purposes of Compatibility. 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

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 

03/27/2000 

1993-2 Licensing and Radiation Safety Requirements for 

Irradiators Part 36 58 FR 7715 

07/01/1996 Not Applicable1 Not Applicable Rhode Island does not have any 

licensees subject to these regulations. (See SECY-95-112) 

1993-3 Definition of Land Disposal and Waste Site QA 

Program Part 61 58 FR 33886 

07/22/1996 Not Applicable1 Not Applicable Rhode Island does not have any 

licensees subject to these regulations. (See SECY-95-112) 

1994-1 Self-Guarantee as an Additional Financial 

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

none Not Required Not Required These regulation changes are not 

required to be adopted for purposes of Compatibility. 

1994-2 Uranium Mill Tailings Regulations: Conforming 

NRC Requirements to EPA Standards Part 40 59 FR 28220 

07/01/1997 Not Applicable Not Applicable Rhode Island does not have 

authority to regulate this material under its Agreement. 

1994-3 Timeliness in Decommissioning Material Facilities 

Parts 30, 40, 70 59 FR 36026 

08/15/1997 Final No Comments 

03/27/2000 

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 

03/27/2000 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1995-2 Frequency of Medical Examinations for Use of 

Respiratory Protection Equipment Part 20 60 FR 7900 

03/13/1998 Final No Comments 

03/27/2000 

1995-3 Low-Level Waste Shipment Manifest Information 

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

03/01/1998 Final No Comments 

03/27/2000 

1995-4 Performance Requirements for Radiography 

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

06/30/1998 Final No Comments 

03/27/2000 

Rhode Island has adopted Final Regulations equivalent to RATS ID: 1997-5. 

1995-5 Radiation Protection Requirements: Amended 

Definitions and Criteria Parts 19, 20 60 FR 36038 

08/14/1998 Final Comments 

03/27/2000 

1995-6 Clarification of Decommissioning Funding 

Requirements Parts 30, 40, 70 60 FR 38235 

11/24/1998 Final No Comments 

03/27/2000 

1995-7 Medical Administration of Radiation and Radioactive 

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

10/20/1998 Final No Comments 

03/27/2000 

Rhode Island has adopted Final Regulations equivalent to RATS IDs: 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 

ML042520322 

Comments 10/25/2004 ML043010048 

Rhode Island has not yet adopted Final Regulations equivalent to RATS ID: 2004-1. 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

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 regulation changes are not 

required to be adopted for purposes of Compatibility. 

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 

03/27/2000 

1997-1 Resolution of Dual Regulation of Airborne Effluents 

of Radioactive Materials; Clean Air Act Part 20 61 FR 65120 

01/9/2000 Final ML042520322 No Comments 10/25/2004 

ML043010048 

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 

ML073040203 

No Comments 11/28/2007 ML073320009 

1997-3 Criteria for the Release of Individuals Administered 

Radioactive Material Parts 20, 35 62 FR 4120 

05/29/2000 Final No Comments 

03/27/2000 

1997-4 Fissile Material Shipments and Exemptions 

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

02/10/2000 Not Required Not Required These regulation changes are not 

required to be adopted for purposes of Compatibility. (See STP-97-078) 

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 

03/27/2000 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1997-6 Radiological Criteria for License Termination 

Parts 20, 30, 40, 70 62 FR 39057 

08/20/2000 Final 

ML093420277 

No Comments 01/14/2010 ML093630121 

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 

03/27/2000 

1998-1 Deliberate Misconduct by Unlicensed Persons 

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

02/12/2001 Final 

ML042520322 

No Comments 10/25/2004 ML043010048 

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 regulation changes are not 

required to be adopted for purposes of Compatibility. 

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 regulation changes are not 

required to be adopted for purposes of Compatibility. (See STP-98-074) Rhode Island has adopted Final Regulations equivalent to RATS ID: 2002-2. 

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 

03/27/2000 

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 No Comments 

03/27/2000 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1998-6 Transfer for Disposal and Manifests: Minor 

Technical Conforming Amendment Part 20 63 FR 50127 

11/20/2001 Final No Comments 

03/27/2000 

1999-1 Radiological Criteria for License Termination of 

Uranium Recovery Facilities Part 40 64 FR 17506 

06/11/2002 Not Applicable Not Applicable Rhode Island does not have the 

authority to regulate this material under its Agreement. 

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 regulation changes are not 

required to be adopted for purposes of Compatibility. 

1999-3 Respiratory Protection and Controls to Restrict 

Internal Exposure Part 20 64 FR 54543; 64 FR 55524 

02/02/2003 Final 

ML042520322 

No Comment 10/25/2004 ML043010048 

2000-1 Energy Compensation Sources for Well Logging 

and Other Regulatory Clarifications Part 39 65 FR 20337 

05/17/2003 Final 

ML042520322 

No Comment 10/25/2004 ML043010048 

2000-2 New Dosimetry Technology 

Parts 34, 36, 39 65 FR 63750 

01/08/2004 Final 

ML042520322 

No Comment 10/25/2004 ML043010048 

2001-1 Requirements for Certain Generally Licensed 

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

02/16/2004 Final 

ML062700535 

Comments 10/27/2006 ML063030281 

2002-1 Revision of the Skin Dose Limit 

Part 20 

04/05/2005 Final 

ML042520322 

No Comment 10/25/2004 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

67 FR 16298 ML043010048 

2002-2 Medical Use of Byproduct Material 

Parts 20, 32, 35 67 FR 20249 

10/24/2005 Final 

ML042520322 

No Comment 10/25/2004 ML043010048 

2003-1 Financial Assurance for Materials Licensees 

Parts 30, 40, 70 68 FR 57327 

12/03/2006 Final 

ML062700535 

No Comments 10/27/06 ML063030281 

*2004-1 Compatibility With IAEA Transportation Safety 

Standards and Other Transportation Safety Amendments Part 71 69 FR 3697 

10/01/2007 Proposed 

ML13240A269 

Comments 12/04/2013 ML13240A262 

2005-1 Security Requirements for Portable Gauges 

Containing Byproduct Material Part 30 70 FR 2001 

07/11/2008 Final 

ML062700535 

No Comments 10/27/2006 ML063030281 

2005-2 Medical Use of Byproduct Material - Recognition of 

Specialty Boards Part 35 70 FR 16336; 71 FR 1926 

04/29/2008 Final 

ML062350571 

No Comments 09/01/2006 ML062490383 

2005-3 Increased Controls for Risk-Significant Radioactive 

Sources (NRC Order EA-05-090)

70 FR 72128 

12/01/2005 License Condition 

ML052570551 

No Comments 09/15/2005 ML052630170 

*2006-1 Minor Amendments 

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

03/27/2009 Proposed 

ML13240A269 

Comments 12/04/2013 ML13240A262 

*2006-2 National Source Tracking System - Serialization 

Requirements Part 32 with reference to Part 20 Appendix E 

02/06/2007 Proposed 

ML13240A269 

No Comments 12/04/2013 ML13240A262 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

71 FR 65685 

*2006-3 National Source Tracking System 

Part 20 71 FR 65685, 72 FR 59162 

01/31/2009 Proposed 

ML13240A269 License Condition ML082840230 

No Comments 12/04/2013 ML13240A262 No Comments 10/21/2008 ML082880140 

*2007-1 Medical Use of Byproduct Material - Minor 

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

10/29/2010 Proposed 

ML13240A269 

Comments 12/04/2013 ML13240A262 

*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 Proposed 

ML13240A269 

Comments 12/04/2013 ML13240A262 

*2007-3 Requirements for Expanded Definition of Byproduct 

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

11/30/2010 Proposed 

ML13240A269 

Comments 12/04/2013 ML13240A262 

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 

ML080800494 

No Comments 04/09/2008 ML080990804 
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 Proposed 

ML13240A269 

Comments 12/04/2013 ML13240A262 

*2009-1 Medical Use of Byproduct Material – Authorized 

User Clarification Part 35 74 FR 33901 

09/28/2012 Proposed 

ML13240A269 

Comments 12/04/2013 ML13240A262 

*2011-1 Decommissioning Planning 

Parts 20, 30, 40, 70 76 FR 35512 

12/17/2015 Proposed 

ML13240A269 

No Comments 12/04/2013 ML13240A262 

*2011-2 Licenses, Certifications, and Approvals for Materials 

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

11/14/2014 Proposed 

ML13240A269 

Comments 12/04/2013 ML13240A262 

*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 Proposed 

ML13240A269 

Comments 12/04/2013 ML13240A262 

*2012-2 Advance Notification to Native American Tribes of 

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

08/10/2015 Proposed 

ML13240A269 

Comments 12/04/2013 ML13240A262 

*2012-3 Technical Corrections 

Part 30, 34, 40 and 70 77 FR 39899 

08/06/2015 Proposed 

ML13240A269 

Comments 12/04/2013 ML13240A262 

*2012-4 Requirements for Distribution of Byproduct Material 

Parts 30, 31, 32, 40 and 70 77 FR 43666 

10/23/2015 Proposed 

ML13240A269 

Comments 12/04/2013 ML13240A262 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

2013-1 Physical Protection of Byproduct Material, 10 CFR 

Parts 20, 30, 32, 33, 34, 35, 36, 37, 39, and 71 78 FR 16922 

03/19/2016 

2013-2 Distribution of Source Material to Exempt Persons 

and to General Licensees and Revision of General License and Exemptions, 10 CFR Parts 30, 40, and 70 78 FR 32310 

08/27/2016 

1 IMPEP Team: verify that Rhode Island does not have any licensees subject to these regulations during each review.