March 28, 2013 

Gene Miskin, Director 

Office of Radiological Health 

New York City Department of Health and Mental Hygiene 

22 Cortlandt Street 

34th Floor, CN 60 

New York, New York 10007 

Dear Mr. Miskin: 

 We have reviewed the proposed changes to the New York City Radiological Health regulations, 

Article 175 “Radiation Control” received by our office on February 6, 2013. These regulations 

were reviewed by comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 

10 CFR Parts 20 and 35 and the requirements of the two amendments identified in the enclosed 

State Regulation Status (SRS) Data Sheet. We discussed our review of the regulations with 

Tobias Lickerman on March 22, 2013. 

As a result of our review, we have five 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 New York City 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 New York City 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 New York City 

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. 
G. Miskin -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 Donna Janda at (610) 337-5371 (donna.janda@nrc.gov). 

Sincerely, 

/RA/ 

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 Comments 

2. New York City SRS Data Sheet 
G. Miskin -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 Donna Janda at (610) 337-5371 (donna.janda@nrc.gov). 

Sincerely, 

/RA/ 

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 Comments 

2. New York City SRS Data Sheet 

DISTRIBUTION: SP05 

DIR RF (NY City 13-5) 

JKatanic, MSSA 

Incoming Document: ML13042A080 

OFFICE Region I 

RSAO 

ASPB OGC ASPB:BC MSSA:DD 

NAME DJanda KSchneider JOlmstead for 

BJones 

KSchneider for 

DWhite 

PHenderson 

DATE 03/08/13 03/08/13 03/22/13 03/22/13 03/28/13 

ML13066A613 OFFICIAL RECORD COPY Package ML13066A578
 COMPATIBILITY COMMENTS ON NEW YORK CITY PROPOSED REGULATIONS 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

1 175.02 20.1003 1998-5 A Definitions: High radiation area

New York City (NYC) needs to 

remove the phrase “(12 inches)” from 

its definition of a high radiation area. 

NYC needs to make the above 

change to meet the Compatibility 

Category A designation assigned to 

10 CFR 20.1003 Definition: High 

radiation area. 

2 175.02 20.1003 1998-5 A Definitions: Very high radiation 

area

NYC needs to remove the phrase “(3 

feet)” from its definition of a high 

radiation area. 

NYC needs to make the above 

change to meet the Compatibility 

Category A designation assigned to 

10 CFR 20.1003 Definition: Very high 

radiation area. 

3 175.03 

(c)(1)(iii) 

20.1201 1998-5 A Occupational dose limits for adults 

NYC needs to remove the words “and 

shallow dose equivalent” from the first 

sentence in §175.03(c)(1)(iii). 

NYC needs to add the following 

sentence to the beginning of 

§175.03(c)(1)(iii): “When the external 

exposure is determined by 

measurement with an external 

personal monitoring device, the deepdose equivalent must be used in 

place of the effective dose equivalent, 

unless the effective dose equivalent is 

determined by a dosimetry method 

approved by the Department.” 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

NYC needs to make the above 

changes to meet the Compatibility 

Category A designation assigned to 

10 CFR 20.1201. 

4 175.03 

(c)(3)(i) 

20.1203 1998-5 A Determination of external dose 

from airborne radioactive material 

The derived air concentration (DAC) 

unit listed in footnote 2, which is 

referenced in this section, is incorrect. 

The DAC unit is listed as “1E-7 

mCi/ml.” The correct DAC unit for 

footnote 2 is “1E-7 uCi/ml.” 

NYC needs to make the above 

change to meet the Compatibility 

Category A designation assigned to 

10 CFR 20.1203. 

5 175.03 

(k)(9)(i) 

20.2106 1998-5 C 

Records of individual monitoring 

results 

NYC omits the phrase “and when 

required by §175.03(f)(2)” at the end 

of §175.03(k)(9)(i)(D). 

NYC needs to add the above phrase 

to meet the Compatibility Category C 

designation assigned to 10 CFR 

20.2106. 
STATE REGULATION STATUS

State: New York City Department of Health & Mental Hygiene 

Tracking Ticket Number: 13-5 

[2 amendment(s) reviewed is identified by a * Date: March 28, 2013 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 Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 

1991-2 ASNT Certification of Radiographers 

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

none Not Required Not Required These regulations are not required 

to be adopted for purposes of Compatibility. 

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 

10/14/1997 

1991-4 Notification of Incidents 

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

10/15/1994 Final 

ML113040041 

Comments 12/05/2011 ML113110368 

1992-1 Quality Management Program and 

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

01/27/1995 

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 

ML112260003 

No Comments 09/22/2011 ML112450346 

1993-2 Licensing and Radiation Safety Requirements for 

Irradiators Part 36 58 FR 7715 

07/01/1996 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 

1993-3 Definition of Land Disposal and Waste Site QA 

Program Part 61 58 FR 33886 

07/22/1996 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 

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 NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 

1994-3 Timeliness in Decommissioning Material Facilities 

Parts 30, 40, 70 59 FR 36026 

08/15/1997 Final 

ML061290502 

No Comments 06/12/2006 ML061630264 

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 (Part 35 Requirements Superceded by 2002-2)

01/01/1998 Not Applicable Not Applicable NYCDH has adopted final 

regulations equivalent to RATS IDs: 2002-2 and 2005-2. NYCDH does not have authority for the Part 32 activity under its portion of the Agreement 
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 

ML061290502 

No Comments 06/12/2006 ML061630264 

1995-3 Low-Level Waste Shipment Manifest Information 

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

03/01/1998 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 

1995-4 Performance Requirements for Radiography 

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

06/30/1998 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 

1995-5 Radiation Protection Requirements: Amended 

Definitions and Criteria Parts 19, 20 60 FR 36038 

08/14/1998 Final 

ML070290581 

No Comments 02/23/2007 ML070520527 

1995-6 Clarification of Decommissioning Funding 

Requirements Parts 30, 40, 70 60 FR 38235 

11/24/1998 Final 

ML061290502 

No Comments 06/12/2006 ML061630264 

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 NYCDH 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 Proposed No Comments 

02/09/1999 

NYCDH has 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 

ML061290502 

No Comments 06/12/2006 ML061630264 

1997-1 Resolution of Dual Regulation of Airborne Effluents 

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

01/9/2000 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 

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 

ML070290581 

No Comments 02/23/2007 ML 070520527 

1997-3 Criteria for the Release of Individuals Administered 

Radioactive Material Parts 20, 35 62 FR 4120 

05/29/2000 Final 

ML100120050 

Comments 03/08/2010 ML100330046 

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 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 
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 

ML070290581 

No Comments 02/23/2007 ML070520527 

1997-7 Exempt Distribution of a Radioactive Drug 

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

01/02/2001 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 

1998-1 Deliberate Misconduct by Unlicensed Persons 

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

02/12/2001 Final 

ML061290502 

No Comments 06/12/2006 ML061630264 

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) 

1998-4 Licenses for Industrial Radiography and Radiation 

Safety Requirements for Industrial Radiographic Operations Part 34 63 FR 37059 

07/09/2001 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 

*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 Proposed 

ML13042A080 

Comments 03/28/2013 ML13066A578 
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 Proposed 

ML13042A080 

No Comments 03/28/2013 ML13066A578 

1999-1 Radiological Criteria for License Termination of 

Uranium Recovery Facilities Part 40 64 FR 17506 

06/11/2002 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the 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 

ML061290502 

No Comments 06/01/2006 ML061530099 

2000-1 Energy Compensation Sources for Well Logging 

and Other Regulatory Clarifications Part 39 65 FR 20337 

05/17/2003 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 

2000-2 New Dosimetry Technology 

Parts 34, 36, 39 65 FR 63750 

01/08/2004 Final 

ML100050662 

No Comments 03/08/2010 ML100321001 

2001-1 Requirements for Certain Generally Licensed 

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

02/16/2004 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

2002-1 Revision of the Skin Dose Limit 

Part 20 67 FR 16298 

04/05/2005 Final 

ML061290502 

No Comments 06/01/2006 ML061530099 

2002-2 Medical Use of Byproduct Material 

Parts 20, 32, 35 67 FR 20249 

10/24/2005 Final 

ML111390264 

Comments 07/07/2011 ML111580570 

2003-1 Financial Assurance for Materials Licensees 

Parts 30, 40, 70 68 FR 57327 

12/03/2006 Final 

ML092010319 

No Comments 08/17/2009 ML092100446 

2004-1 Compatibility With IAEA Transportation Safety 

Standards and Other Transportation Safety Amendments Part 71 69 FR 3697 

10/01/2007 Final 

ML092010319 

Comments 08/17/2009 ML092100446 

2005-1 Security Requirements for Portable Gauges 

Containing Byproduct Material Part 30 70 FR 2001 

07/11/2008 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 

2005-2 Medical Use of Byproduct Material - Recognition of 

Specialty Boards Part 35 70 FR 16336; 71 FR 1926 

04/29/2008 Final 

ML111390264 

Comments 07/07/2011 ML111580570 

2005-3 Increased Controls for Risk-Significant Radioactive 

Sources (NRC Order EA-05-090)

70 FR 72128 

12/01/2005 License 

Condition ML052910113 

No Comments 10/20/2005 ML052940009 

2006-1 Minor Amendments 

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

03/27/2009 Final 

ML111390264 

Comments 07/07/2011 ML111580570
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

2006-2 National Source Tracking System - Serialization 

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

02/06/2007 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement. 

2006-3 National Source Tracking System 

Part 20 71 FR 65685, 72 FR 59162 

01/31/2009 License 

Condition ML090080848 

No Comments 01/22/2009 ML090120617 

2007-1 Medical Use of Byproduct Material - Minor 

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

10/29/2010 Final 

ML111390264 

Comments 07/07/2011 ML111580570 

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 

ML12325A757 

Comments 01/11/2013 ML12338A241 

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 

ML12325A757 

Comments 01/11/2013 ML12338A241 

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 Final 

ML092010319 

No Comments 08/17/2009 ML092100446 

2008-1 Occupational Dose Records, Labeling Containers, 

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

02/15/2011 Proposed 

ML12353A191 

Comments 01/30/2013 ML13002A433 
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 

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, 70, and 150 76 FR 56951 

11/14/2014 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement 

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 Not Applicable Not Applicable NYCDH does not have authority to 

regulate this material under its portion of the Agreement 

2012-2 Advance Notification to Native American Tribes of 

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

08/10/2015 

2012-3 Technical Corrections 

Part 30, 34, 40 and 70 77 FR 39899 

08/06/2015 

2012-4 Requirements for Distribution of Byproduct Material 

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

10/23/2015