ML18218A263

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9/13/2018 Letter to Robert Dansereau NYS Doh Proposed Regulations to Rats Ids 1995-5, 1995-7, 1998-1,1998-4, 1998-5, 2002-1, 2002-2, 2006-1, 2007-1, 2007-2, 2012-3, 2012-4, 2013-1, 2013-2, 2015-3, 2015-4 and 2015-5, and 10 CFR Parts 30, 32,
ML18218A263
Person / Time
Issue date: 09/13/2018
From: Sabrina Atack
NRC/NMSS/DMSST
To: Dansereau R
State of NY, Dept of Health, Bureau of Radiation Protection
Beardsley M
Shared Package
ML18156A593 List:
References
Download: ML18218A263 (25)
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Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 13, 2018 Robert Dansereau, Assistant Director New York State Department of Health Bureau of Environmental Radiation Protection ESP, Corning Tower, Room 1245 Albany, NY 12237

Dear Mr. Dansereau:

We have reviewed the proposed revisions to the New York State Department of Health (NYSDOH) radiological health rules, 10NYCRR Part 16, received by our office on May 26, 2018.

These regulations were reviewed by comparison to the equivalent U.S. Nuclear Regulatory Commission (NRC) rules and Regulation Amendment Tracking System Identification Numbers (RATS IDs) 1995-5, 1998-1, 1998-5, 2002-1, 2002-2, 2006-1, 2007-1, 2007-2, 2012-3, 2012-4, 2013-1, 2013-2, 2015-3, 2015-4, 2015-5, and 10 CFR Parts 30, 32, 34, 36, 37, 39, 40, 70, and 71 as identified in the enclosed State Regulation Status (SRS) Data Sheet. We discussed our review of the regulations with you on September 10, 2018.

As a result of our review, we have 21 comments related to compatibility and one comment not related to compatibility 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 NYSDOH 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 NYSDOH 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 Nuclear Material Safety and Safeguards (NMSS) 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 NMSS Procedure SA-201, Review of State Regulatory Requirements, please highlight the final changes, and provide a copy to the Division of Materials Safety, Security, State, and Tribal Programs, NMSS.

The SRS Data Sheet summarizes our knowledge of the status of other NYSDOH 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 NMSS State Communication Portal: https://scp.nrc.gov/rulemaking.html.

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 Michelle Beardsley, State Regulation Review Coordinator, at (267) 884-2305 (Michelle.Beardsley@nrc.gov) or Joe OHara at (301) 415-6854 (Joe.OHara@nrc.gov).

Sincerely,

/RA/

PMichalak for SAtack Sabrina Atack, Acting Deputy Director Division of Materials Safety, Security, State and Tribal Programs Office of Nuclear Material Safety and Safeguards

Enclosures:

1. Compatibility Comments
2. NYSDOH SRS Data Sheet

SUBJECT:

09/13/2018 Letter to Robert Dansereau re: NYS DOH Proposed Regulations to RATS IDs 1995-5, 1995-7, 1998-1,1998-4, 1998-5, 2002-1, 2002-2, 2006-1, 2007-1, 2007-2, 2012-3, 2012-4, 2013-1, 2013-2, 2015-3, 2015-4 and 2015-5, and 10 CFR Parts 30, 32, 34, 36, 37, 39, 40, 70, and 71.

DISTRIBUTION: SP05 DIR RF 18-42 John Miller, RSAO NYSDOH File OFFICE ASPB ASPB SRRC OGC ASPB:BC MSTR:DD NAME JOHara MBeardsley IIrvin PMichalak PMichalak for SAtack DATE 8/1/18 8/2/18 9/10/18 9/13/18 9/13/18 ML18218A263 OFFICIAL RECORD COPY Package ML18156A593 COMPATIBILITY COMMENTS ON NYSDOH PROPOSED REGULATIONS STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 1

16.13(c) 19.12 1995-5 C

Instruction to workers NYSDOH does not include an equivalent requirement to 10 CFR 19.12(a).

NYSDOH needs to submit regulations as indicated above in order to meet the Compatibility Category C designation assigned to 10 CFR 19.12(a).

2 16.6(h)

(3) 20.1208 1998-5 A

Dose equivalent to an embryo/fetus NYSDOH omits the word equivalent after dose in 16.6(h)(3)(ii).

NYSDOH needs to include the word equivalent as indicated above in order to meet the Compatibility Category A designation assigned to 10 CFR 20.1208.

3 N/A 20 Appendix B

2006-1 A

Standards For Protection Against Radiation List of Elements NYDOH does not include an equivalent requirement to 10 CFR 20 Appendix B.

NYSDOH needs to submit regulations for review as indicated above for review in order to meet the Compatibility Category A designation assigned to 10 CFR 20 Appendix B.

4 16.123 (b)(1)(i)&(ii) 35.2 2006-1 B

Definition: Authorized Medical Physicist NYSDOHs definition of Authorized Medical Physicist is not essentially identical to the current definition in 10 CFR 35.2, i.e., they omit the reference to 35.51(a), and a reference

2 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS to 35.59 should be included in (b)(1)(i).

NYSDOH needs to submit regulations for review that incorporate the changes indicated above in its definition of Authorized Medical Physicist in order to meet the Compatibility Category B designation assigned to 10 CFR 35.2 Definition of Authorized Medical Physicist.

5 N/A 150.20 2007-2 C

Recognition of Agreement State licenses NYSDOH has omitted equivalent requirements to 10 CFR 150.20.

NYSDOH needs to adopt the essential objectives of these requirements in order to meet the Compatibility Category C designation assigned to 10 CFR 150.20.

6 N/A 150.15a(b)(6) 2015-5 NRC Continued Commission authority pertaining to byproduct material 10 CFR 150.15a(b)(6) is designated as Compatibility Category NRC and should not be adopted by NYSDOH.

NYSDOH needs to remove 10 CFR 150.15a(b)(6) from their regulations in order to meet the Compatibility Category NRC designation assigned to 10 CFR 150.15a(b)(6).

7 N/A 61.7 2015-5 H&S Licensing Requirements for Land Disposal of Radioactive Waste NYDOH does not include an equivalent requirement to 10 CFR 61.7.

NYSDOH needs to submit regulations

3 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS as indicated above in order to meet the Compatibility Category H&S designation assigned to 10 CFR 61.7.

8 16.XXX 30.3 10 CFR 30 C

Activities Requiring a License In 16.XXX(b)(1), NYSDOH excepts 10 CFR 30.3 from incorporation by reference.

NYSDOH needs to include 10 CFR 30.3 for incorporation by reference in order to meet the Compatibility Category C designation assigned to 10 CFR 30.3.

9 16.XXX 30.31 10 CFR 30 C

Types of licenses In 16.XXX(b)(1), NYSDOH excepts 10 CFR 30.31 from incorporation by reference.

NYSDOH needs to include 10 CFR 30.31 for incorporation by reference in order to meet the Compatibility Category C designation assigned to 10 CFR 30.31.

10 16.XXX 30.33 (a)(2) & (a)(3) 10 CFR 30 H&S General requirements for issuance of specific licenses In 16.XXX(b)(1) NYSDOH excepts 10 CFR 30.33(a)(2) and (a)(3) from incorporation by reference.

NYSDOH needs to include 10 CFR 30.33 for incorporation by reference in order to meet the Compatibility Category H&S designation assigned to 10 CFR 30.33(a)(2) and (a)(3).

4 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 11 16.XXX 30.41(a),

(b)(1-5),

(b)(7), (c), &

(d) 10 CFR 30 C

Transfer of byproduct material In 16.XXX(b)(1), NYSDOH excepts 10 CFR 30.41(a), (b)(1-5), (b)(7), (c), &

(d) from incorporation by reference.

NYSDOH needs to include 10 CFR 30.41(a), (b)(1-5), (b)(7), (c), & (d) for incorporation by reference in order to meet the Compatibility Category C designation assigned to 10 CFR 30.41(a), (b)(1-5), (b)(7), (c), & (d).

12 16.112(c)(5)

N/A 10 CFR 37 N/A General comment NYSDOH adds the following to their incorporation by reference of 10 CFR 37:

(c) The licensee shall comply with the Title 10 Code of Federal Regulations, Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material, January 1, 2016 version, except as follows:

(5) Common and contract carriers, freight forwarders, warehousemen, and the U.S. Postal Service are exempt from the regulations in this section to the extent that they transport or store radioactive material in the regular course of carriage for another or storage incident thereto.

10 CFR 37 does not contain the highlighted requirement.

NYSDOH needs to remove 16.112(c)(5) from their incorporation by reference of 10 CFR Part 37.

5 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 13 16.112 (c)(4) 37.27(c) 10 CFR 37 B

Requirements for criminal history records checks of individuals granted unescorted access to category 1 or category 2 quantities of radioactive material NYSDOH has the incorrect NRC address for submission of fingerprint cards listed in 16.112(c)(4). The correct address is: U.S. Nuclear Regulatory Commission, Director, Division of Facilities and Security, 11545 Rockville Pike, ATTN: Criminal History Program/Mail Stop TWB-05 B32M, Rockville, Maryland 20852.

NYSDOH needs to revise the address for the NRC as indicated above in order to meet the Compatibility Category B designation assigned to 10 CFR 37.27(c).

14 16.XXX (a)(1) 10 CFR 39 10 CFR 39 N/A General comment In 16.XXX(a)(1) NYSDOH excepts 10 CFR 39.3 from incorporation by reference; however there is no section 39.3 in 10 CFR Part 39.

NYSDOH needs to delete the reference to 39.3 in 16.XXX(a)(1).

15 16.XXX (a)(1) 39.45 10 CFR 39 C

Subsurface tracer studies NYSDOH excepts 10 CFR 39.45 from incorporation by reference.

NYSDOH needs to incorporate 10 CFR 39.45 by reference in order to meet the Compatibility Category C designation assigned to 10 CFR 39.45.

Note: NYSDEC does not have equivalent regulations to this section.

6 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS In their response to RATS ID 2000-1, they noted that they do not have authority to regulate the materials under Part 39.

16 16.XXX(b) 10 CFR 40; APPENDIX A, IV. Long-Term Site Surveillance 10 CFR 40 NRC 10 CFR 40, Appendix A, Criterion 12 NYSDOH needs to except Criterion 12 of Appendix A to 10 CFR Part 40 in order to meet the Compatibility Category NRC designation assigned to Criterion 12 of Appendix A to 10 CFR Part 40.

17 16.xxx(b) 16.xxx(b)(1) 16.xxx(b)(2) 70.10(b) 10 CFR 70 C

Deliberate misconduct In 16.XXX(b)(1), NYSDOH excepts 10 CFR 70.10(b) from incorporation by reference.

NYSDOH needs to include 10 CFR 70.10(b) for incorporation by reference in order to meet the Compatibility Category C designation assigned to 10 CFR 70.10(b).

18 16.XXX 70.23 70.23a 70.32 70.37 70.40 70.42(b)(6) 70.44 70.52 70.55 70.59 70.60 70.61 70.62 70.64 70.65 70.66 70.72 70.73 10 CFR 70 NRC General Comment The noted sections of 10 CFR 70 are Compatibility Category NRC and should not be adopted by NYSDOH.

NYSDOH needs to remove these sections from their incorporation of Part 70 by reference in order to meet the Compatibility Category NRC designation assigned to 10 CFR 70.23(a)(6), (a)(7), (a)(8), (a)(9),

(a)(10), (a)(11), (a)(12), & (b); 70.23a; 70.32(a)(1), (a)(4), (a)(5), (a)(6),

(a)(7), (b)(1), (b)(3), (b)(4),(c), (d), (e),

(f), (g), (h), (i), (j), & (k); 70.37; 70.40; 70.42; 70.44; 70.52; 70.55; 70.59; 70.60; 70.61; 70.62; 70.64; 70.65;

7 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 70.74 70.76 70.82 Appendix A to Part 70 70.66; 70.72; 70.73; 70.74; 70.76; 70.82; and Appendix A to Part 70.

19 16.17 71.0(c) 10 CFR 71

[B]

Purpose and Scope NYSDOH excepts 10 CFR 70.0(c) in 16.17(a)(1) from incorporation by reference.

NYSDOH needs to indicate where 10 CFR 71.0(c) is adopted elsewhere to meet the Compatibility Category [B]

designation assigned to 10 CFR 71.0(c), otherwise, NYSDOH needs to incorporate 10 CFR 71.0(c) by reference into 16.17 in order to meet the Compatibility Category [B]

designation assigned to 10 CFR 71.0(c).

20 16.17 71.4 10 CFR 71

[B]

General Comment In 16.17, NYSDOH needs to state that the terms, Certificate of Compliance, Compliance Holder or Applicant apply to the NRC as they are the sole authority for issuing a package Certificate of Compliance.

8 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 21 16.17(a)(2) 71.101(c)(1) 10 CFR 71 C

Quality Assurance Requirements In 16.17(a)(2), NYSDOH includes 10 CFR 71.101(c)(1); however the NYSDOH, not the NRC, needs to approve their licensees Quality Assurance Program.

NYSDOH needs to remove 71.101(c)(1) from section 16.17(a)(2) in order to meet the Compatibility Category C designation assigned to 10CFR 71.101(c)(1).

COMMENT NOT RELATED TO COMPATIBILITY STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 1

16.123 35.67 2002-2 H&S Requirements for possession of sealed sources and brachytherapy sources In 16.123(e)(4) NYSDOH incorrectly references section 36.67 instead of 35.67.

NYSDOH needs to revise 10 CRR-NY 16.123(e)(4) and change 36.67 to state 35.67 in order to meet the Compatibility Category H&S designation assigned to 10 CFR 35.67.

STATE REGULATION STATUS State: New York State Department of Health Tracking Ticket Number: 18-42 Date: 9/13/2018

[ 23 amendment(s) reviewed identified by a *at the beginning of the equivalent NRC requirement.]

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1991-1 Safety Requirements for Radiographic Equipment Part 34 55 FR 843 (Superceded by 1997-5) 01/10/1994 Final No Comments NYSHD has not yet adopted Final Regulations equivalent to RATS ID:

1997-5 Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

1991-2 ASNT Certification of Radiographers Part 34 56 FR 11504 (Superceded by 1997-5) none Not Required Not Required These regulation changes 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 Comments 12/24/1997 Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

1991-4 Notification of Incidents Parts 20, 30, 31, 34, 39, 40 and 70 56 FR 64980 10/15/1994 Final No Comments 01/28/2000 Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

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 and 35 57 FR 45566 none Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility.

2 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1993-1 Decommissioning Recordkeeping and License Termination: Documentation Additions [Restricted areas and spill sites]

Parts 30 and 40 58 FR 39628 10/25/1996 Final No Comments 01/28/2000 Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

1993-2 Licensing and Radiation Safety Requirements for Irradiators Part 36 58 FR 7715 07/01/1996 Final No Comments 01/28/2000 Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

1993-3 Definition of Land Disposal and Waste Site QA Program Part 61 58 FR 33886 07/22/1996 Not Applicable Not Applicable NYSHD does not have authority to regulate this material under its portion of the Agreement. (NYDEC) 1994-1 Self-Guarantee as an Additional Financial Mechanism Parts 30, 40 and 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 NYSHD does not have authority to regulate this material under its portion of the Agreement.

1994-3 Timeliness in Decommissioning Material Facilities Parts 30, 40 and 70 59 FR 36026 08/15/1997 Final No Comments 01/28/2000 Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

1995-1 Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for Medical Use Parts 30, 32 and 35 59 FR 61767; 59 FR 65243; 60 FR 322 01/01/1998 Final No Comments 01/28/2000 Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

3 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter 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 01/28/2000 Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

1995-3 Low-Level Waste Shipment Manifest Information and Reporting Parts 20 and 61 60 FR 15649; 60 FR 25983 03/01/1998 Not Applicable Not Applicable NYSHD 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 Final No Comments 01/28/2000 NYSHD has not yet adopted Final Regulations equivalent to RATS ID:

1997-5 Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

1995-6 Clarification of Decommissioning Funding Requirements Parts 30, 40 and 70 60 FR 38235 11/24/1998 Final No Comments 01/28/2000 Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

1995-7 Medical Administration of Radiation and Radioactive Materials Parts 20 and 35 60 FR 48623 (Superceded by 2002-2 and 2005-2) 10/20/1998 Only Part 20 provisions need to be adopted. See ML13197A356

4 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 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 01/28/2000 NYSHD has not yet adopted Final Regulations equivalent to RATS ID:

2004-1.

Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

1996-2 One Time Extension of Certain Byproduct, Source and Special Nuclear Materials Licenses Parts 30, 40 and 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 and 70 61 FR 24669 06/17/1999 License Condition ML14007A059 No Comments 02/20/2014 ML14007A056 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 NYSHD 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 ML092260295 License Condition ML092260295 No Comments 09/08/2009 ML092310687 No Comments 09/08/2009 ML092310687 1997-3 Criteria for the Release of Individuals Administered Radioactive Material Parts 20 and 35 62 FR 4120 05/29/2000 Final ML100120050 Comments 03/08/2010 ML100330046

5 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 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 and 150 62 FR 28947 06/27/2000 Proposed Ml100600746 License Condition ML100600746 Comments 05/06/2010 ML100890066 Comments 05/06/2010 ML100890066 NYSHD are not authorizing laybarge, underwater or offshore radiography in these regulations.

1997-6 Radiological Criteria for License Termination Parts 20, 30, 40 and 70 62 FR 39057 08/20/2000 License Condition ML14007A059 No Comments 02/20/2014 ML14007A056 1997-7 Exempt Distribution of a Radioactive Drug Containing One Micro curie of Carbon-14 Urea Part 30 62 FR 63634 01/02/2001 License Condition ML080170561 No Comments 03/20/2008 ML080800306

6 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1998-2 Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing Licensees Parts 30, 40 and 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 Proposed Ml100600746 License Condition ML100600746 Proposed ML18156A604 Comments 05/06/2010 ML100890066 Comments 05/06/2010 ML100890066 No Comments 9/13/2018 ML18156A593 NYSHD are not authorizing laybarge, underwater or offshore radiography in these regulations New York submitted proposed regulations that adopt 10 CFR Part 34 by reference
  • 1998-5 Minor Corrections, Clarifying Changes, and a Minor Policy Change Parts 20, 32, 35, 36 and 39 63 FR 39477; 63 FR 45393 10/26/2001 Proposed ML101310506 Proposed ML18156A604 Comments 07/07/2010 ML101580277 No Comments 9/13/2018 ML18156A593 New York submitted proposed regulations that adopt 10 CFR Part 32, 36, and 39 by reference 1998-6 Transfer for Disposal and Manifests: Minor Technical Conforming Amendment Part 20 63 FR 50127 11/20/2001 Not Applicable Not Applicable NYSHD does not have authority to regulate this material under its portion of the Agreement.

7 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1999-1 Radiological Criteria for License Termination of Uranium Recovery Facilities Part 40 64 FR 17506 06/11/2002 Not Applicable Not Applicable NYSHD 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 License Condition ML092260298 No Comments 09/03/2009 ML092320011 2000-1 Energy Compensation Sources for Well Logging and Other Regulatory Clarifications Part 39 65 FR 20337 05/17/2003 License Condition ML100120053 No Comments 02/23/2010 ML100350697 2000-2 New Dosimetry Technology Parts 34, 36 and 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 and 32 65 FR 79162 02/16/2004 License Condition for 32.52 (a) & (b) only ML040770455 No Comments 04/02/2004 ML040930388 Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

2002-1 Revision of the Skin Dose Limit Part 20 67 FR 16298 04/05/2005 Proposed ML101310506 No Comments 07/07/2010 ML101580277

8 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes

9 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes

ML070330060 2006-3 National Source Tracking System Part 20 71 FR 65685, 72 FR 59162 01/31/2009 License Condition ML083240082 No Comments 12/11/2008 ML083390393

10 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes

  • 2007-2 Exemptions From Licensing, General Licenses, and Distribution of Byproduct Material: Licensing and Reporting Requirements Parts 30, 31, 32 and 150 72 FR 58473 12/17/2010 Proposed ML18156A604 Comments 9/13/2018 ML18156A593 New York submitted proposed regulations that adopt 10 CFR Part 30, 31, and 32 by reference
  • 2007-3 Requirements for Expanded Definition of Byproduct Material Parts 20, 30, 31, 32, 33, 35, 61 and 150 72 FR 55864 11/30/2010 Final ML13150A107 Proposed ML18156A604 No Comments 08/08/2013 ML13197A356 Comments 9/13/2018 ML18156A593 Part 35 only New York submitted proposed regulations that adopt 10 CFR Part 30, 31, and 32 by reference 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 ML091730154 Comments 08/04/2009 ML091820407 2008-1 Occupational Dose Records, Labeling Containers, and Total Effective Dose Equivalent Parts 19 and 20 72 FR 68043 02/15/2011

11 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2009-1 Medical Use of Byproduct Material - Authorized User Clarification Part 35 74 FR 33901 09/28/2012 Final ML13150A107 No Comments 08/08/2013 ML13197A356

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

12 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes

  • 2013-2 Distribution of Source Material to Exempt Persons and to General Licensees and Revision of General License and Exemptions, Parts 30, 40 and 70 78 FR 32310 08/27/2016 Proposed ML18156A604 Comments 9/13/2018 ML18156A593 New York submitted proposed regulations that adopt 10 CFR Part 30, 40, and 70 by reference

Written Reports and Clarifying Amendments Part 70 79 FR 57721, 80 FR 143 01/26/2018 Proposed ML18156A604 Comments 9/13/2018 ML18156A593 New York submitted proposed regulations that adopt 10 CFR Part 70 by reference 2015-2 Safeguards Information - Modified Handling Categorization, Change for Materials Facilities Parts 30, 37, 73 and 150 79 FR 58664, 80 FR 3865 01/28/2018 Proposed ML15355A046 No Comments 02/08/16 ML15355A039

  • 2015-3 Revisions to Transportation Safety Requirements and Harmonization with International Atomic Energy Agency Transportation Requirements Part 71 80 FR 33987 07/13/2018

13 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes

2018-1 Medical Use of Byproduct Material - Medical Event Definitions, Training and Experience, and Clarifying Amendments, Parts 30, 32 and 35 01/14/2022 N/A Parts 30, 32, 34, 36, 37, 39, 40, 70 and 71 N/A Proposed ML18156A604 Comments 9/13/2018 ML18156A593 New York submitted proposed regulations that adopt these 10 CFR Parts by reference.

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

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