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.

R. Dansereau 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

R. Dansereau

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) 20.1208 1998-5 A Dose equivalent to an embryo/fetus (3)

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 2006-1 A Standards For Protection Against B 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 35.2 2006-1 B Definition: Authorized Medical (b)(1)(i)&(ii) 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 Enclosure 1

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 2

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 10 CFR 30 H&S General requirements for issuance (a)(2) & (a)(3) 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).

3

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 11 16.XXX 30.41(a), 10 CFR 30 C Transfer of byproduct material (b)(1-5),

(b)(7), (c), & In 16.XXX(b)(1), NYSDOH excepts 10 (d) 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.

4

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 13 16.112 37.27(c) 10 CFR 37 B Requirements for criminal history (c)(4) 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 10 CFR 39 10 CFR 39 N/A General comment (a)(1)

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 39.45 10 CFR 39 C Subsurface tracer studies (a)(1)

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.

5

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; 10 CFR 40 NRC 10 CFR 40, Appendix A, Criterion APPENDIX A, 12 IV. Long-Term Site NYSDOH needs to except Criterion Surveillance 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) 70.10(b) 10 CFR 70 C Deliberate misconduct 16.xxx(b)(1) 16.xxx(b)(2) 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 10 CFR 70 NRC General Comment 70.23a 70.32 The noted sections of 10 CFR 70 are 70.37 Compatibility Category NRC and 70.40 should not be adopted by NYSDOH.

70.42(b)(6) 70.44 NYSDOH needs to remove these 70.52 sections from their incorporation of 70.55 Part 70 by reference in order to meet 70.59 the Compatibility Category NRC 70.60 designation assigned to 10 CFR 70.61 70.23(a)(6), (a)(7), (a)(8), (a)(9),

70.62 (a)(10), (a)(11), (a)(12), & (b); 70.23a; 70.64 70.32(a)(1), (a)(4), (a)(5), (a)(6),

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

70.66 (f), (g), (h), (i), (j), & (k); 70.37; 70.40; 70.72 70.42; 70.44; 70.52; 70.55; 70.59; 70.73 70.60; 70.61; 70.62; 70.64; 70.65; 6

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

70.82 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.

7

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).

8

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 Incoming Letter Outgoing Notes State Adoption Package 1991-1 Safety Requirements for Radiographic Equipment 01/10/1994 Final No Comments NYSHD has not yet adopted Final Part 34 Regulations equivalent to RATS ID:

55 FR 843 1997-5 (Superceded by 1997-5)

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

1991-2 ASNT Certification of Radiographers none Not Required Not Required These regulation changes are not Part 34 required to be adopted for purposes 56 FR 11504 of Compatibility.

(Superceded by 1997-5) 1991-3 Standards for Protection Against Radiation 01/01/1994 Final Comments Adopted by NYS DOL which has Part 20 12/24/1997 since merged with the NYS DOH 56 FR 23360; 56 FR 61352; 57 FR 38588; 57 FR ML092190342.

57877; 58 FR 67657; 59 FR 41641; 60 FR 20183 1991-4 Notification of Incidents 10/15/1994 Final No Comments Adopted by NYS DOL which has Parts 20, 30, 31, 34, 39, 40 and 70 01/28/2000 since merged with the NYS DOH 56 FR 64980 ML092190342.

1992-1 Quality Management Program and 01/27/1995 Misadministrations Part 35 56 FR 34104 (Superceded by 2002-2) 1992-2 Eliminating the Recordkeeping Requirements none Not Required Not Required These regulation changes are not for Departures from Manufacturer's Instructions required to be adopted for purposes Parts 30 and 35 of Compatibility.

57 FR 45566 Enclosure 2

RATS ID NRC Chronology Identification Date Due for Incoming Letter Outgoing Notes State Adoption Package 1993-1 Decommissioning Recordkeeping and License 10/25/1996 Final No Comments Adopted by NYS DOL which has Termination: Documentation Additions [Restricted 01/28/2000 since merged with the NYS DOH areas and spill sites] ML092190342.

Parts 30 and 40 58 FR 39628 1993-2 Licensing and Radiation Safety Requirements for 07/01/1996 Final No Comments Adopted by NYS DOL which has Irradiators 01/28/2000 since merged with the NYS DOH Part 36 ML092190342.

58 FR 7715 1993-3 Definition of Land Disposal and Waste Site QA 07/22/1996 Not Applicable Not Applicable NYSHD does not have authority to Program regulate this material under its Part 61 portion of the Agreement. (NYDEC) 58 FR 33886 1994-1 Self-Guarantee as an Additional Financial none Not Required Not Required These regulation changes are not Mechanism required to be adopted for purposes Parts 30, 40 and 70 of Compatibility.

58 FR 68726; 59 FR 1618 1994-2 Uranium Mill Tailings Regulations: Conforming 07/01/1997 Not Applicable Not Applicable NYSHD does not have authority to NRC Requirements to EPA Standards regulate this material under its Part 40 portion of the Agreement.

59 FR 28220 1994-3 Timeliness in Decommissioning Material Facilities 08/15/1997 Final No Comments Adopted by NYS DOL which has Parts 30, 40 and 70 01/28/2000 since merged with the NYS DOH 59 FR 36026 ML092190342.

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

59 FR 61767; 59 FR 65243; 60 FR 322 2

RATS ID NRC Chronology Identification Date Due for Incoming Letter Outgoing Notes State Adoption Package 1995-2 Frequency of Medical Examinations for Use of 03/13/1998 Final No Comments Adopted by NYS DOL which has Respiratory Protection Equipment 01/28/2000 since merged with the NYS DOH Part 20 ML092190342.

60 FR 7900 1995-3 Low-Level Waste Shipment Manifest Information 03/01/1998 Not Applicable Not Applicable NYSHD does not have authority to and Reporting regulate this material under its Parts 20 and 61 portion of the Agreement.

60 FR 15649; 60 FR 25983 1995-4 Performance Requirements for Radiography 06/30/1998 Final No Comments NYSHD has not yet adopted Final Equipment 01/28/2000 Regulations equivalent to RATS ID:

Part 34 1997-5 60 FR 28323 (Superceded by 1997-5) Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

  • 1995-5 Radiation Protection Requirements: Amended 08/14/1998 Final No Comments Adopted by NYS DOL which has Definitions and Criteria 01/28/2000 since merged with the NYS DOH Parts 19 and 20 ML092190342.

60 FR 36038 Proposed Comments ML18156A604 9/13/2018 ML18156A593 1995-6 Clarification of Decommissioning Funding 11/24/1998 Final No Comments Adopted by NYS DOL which has Requirements 01/28/2000 since merged with the NYS DOH Parts 30, 40 and 70 ML092190342.

60 FR 38235 1995-7 Medical Administration of Radiation and Radioactive 10/20/1998 Only Part 20 provisions need to be Materials adopted. See ML13197A356 Parts 20 and 35 60 FR 48623 (Superceded by 2002-2 and 2005-2) 3

RATS ID NRC Chronology Identification Date Due for Incoming Letter Outgoing Notes State Adoption Package 1996-1 Compatibility with the International Atomic Energy 04/01/1999 Final No Comments NYSHD has not yet adopted Final Agency 01/28/2000 Regulations equivalent to RATS ID:

Part 71 2004-1.

60 FR 50248; 61 FR 28724 (Superceded by 2004-1) Adopted by NYS DOL which has since merged with the NYS DOH ML092190342.

1996-2 One Time Extension of Certain Byproduct, Source 02/15/1999 Not Required Not Required These regulation changes are not and Special Nuclear Materials Licenses required to be adopted for purposes Parts 30, 40 and 70 of Compatibility.

61 FR 1109 1996-3 Termination or Transfer of Licensed Activities: 06/17/1999 License Condition No Comments Record keeping Requirements ML14007A059 02/20/2014 Parts 20, 30, 40, 61 and 70 ML14007A056 61 FR 24669 1997-1 Resolution of Dual Regulation of Airborne Effluents 01/9/2000 Not Applicable Not Applicable NYSHD does not have authority to of Radioactive Materials; Clean Air Act regulate this material under its Part 20 portion of the Agreement.

61 FR 65120 1997-2 Recognition of Agreement State Licenses in Areas 02/27/2000 Final No Comments Under Exclusive Federal Jurisdiction Within an ML092260295 09/08/2009 Agreement State ML092310687 Part 150 62 FR 1662 License Condition No Comments ML092260295 09/08/2009 ML092310687 1997-3 Criteria for the Release of Individuals Administered 05/29/2000 Final Comments Radioactive Material ML100120050 03/08/2010 Parts 20 and 35 ML100330046 62 FR 4120 4

RATS ID NRC Chronology Identification Date Due for Incoming Letter Outgoing Notes State Adoption Package 1997-4 Fissile Material Shipments and Exemptions 02/10/2000 Not Required Not Required These regulation changes are not Part 71 required to be adopted for purposes 62 FR 5907 of Compatibility. (See STP-97-078)

(Superceded by 2004-1) 1997-5 Licenses for Industrial Radiography and Radiation 06/27/2000 Proposed Comments NYSHD are not authorizing Safety Requirements for Industrial Radiography Ml100600746 05/06/2010 laybarge, underwater or offshore Operations ML100890066 radiography in these regulations.

Parts 30, 34, 71 and 150 62 FR 28947 License Condition Comments ML100600746 05/06/2010 ML100890066 1997-6 Radiological Criteria for License Termination 08/20/2000 License Condition No Comments Parts 20, 30, 40 and 70 ML14007A059 02/20/2014 62 FR 39057 ML14007A056 1997-7 Exempt Distribution of a Radioactive Drug 01/02/2001 License Condition No Comments Containing One Micro curie of Carbon-14 Urea ML080170561 03/20/2008 Part 30 ML080800306 62 FR 63634

RATS ID NRC Chronology Identification Date Due for Incoming Letter Outgoing Notes State Adoption Package 1998-2 Self-Guarantee of Decommissioning Funding by 07/01/2001 Not Required Not Required These regulation changes are not Nonprofit and Non-Bond-Issuing Licensees required to be adopted for purposes Parts 30, 40 and 70 of Compatibility.

63 FR 29535 1998-3 License Term for Medical Use Licenses 07/10/2001 Not Required Not Required These regulation changes are not Part 35 required to be adopted for purposes 63 FR 31604 of Compatibility. (See STP-98-074)

(Superceded by 2002-2)

  • 1998-4 Licenses for Industrial Radiography and Radiation 07/09/2001 Proposed Comments NYSHD are not authorizing Safety Requirements for Industrial Radiographic Ml100600746 05/06/2010 laybarge, underwater or offshore Operations ML100890066 radiography in these regulations Part 34 63 FR 37059 License Condition Comments ML100600746 05/06/2010 ML100890066 Proposed No Comments New York submitted proposed ML18156A604 9/13/2018 regulations that adopt 10 CFR Part ML18156A593 34 by reference
  • 1998-5 Minor Corrections, Clarifying Changes, and a Minor 10/26/2001 Proposed Comments Policy Change ML101310506 07/07/2010 Parts 20, 32, 35, 36 and 39 ML101580277 63 FR 39477; 63 FR 45393 Proposed No Comments New York submitted proposed ML18156A604 9/13/2018 regulations that adopt 10 CFR Part ML18156A593 32, 36, and 39 by reference 1998-6 Transfer for Disposal and Manifests: Minor 11/20/2001 Not Applicable Not Applicable NYSHD does not have authority to Technical Conforming Amendment regulate this material under its Part 20 portion of the Agreement.

63 FR 50127 6

RATS ID NRC Chronology Identification Date Due for Incoming Letter Outgoing Notes State Adoption Package 1999-1 Radiological Criteria for License Termination of 06/11/2002 Not Applicable Not Applicable NYSHD does not have authority to Uranium Recovery Facilities regulate this material under its Part 40 portion of the Agreement.

64 FR 17506 1999-2 Requirements for Those Who Possess Certain 10/04/2002 Not Required Not Required These regulation changes are not Industrial Devices Containing Byproduct Material to required to be adopted for purposes Provide Requested Information of Compatibility.

Part 31 64 FR 42269 1999-3 Respiratory Protection and Controls to Restrict 02/02/2003 License Condition No Comments Internal Exposure ML092260298 09/03/2009 Part 20 ML092320011 64 FR 54543; 64 FR 55524 2000-1 Energy Compensation Sources for Well Logging 05/17/2003 License Condition No Comments and Other Regulatory Clarifications ML100120053 02/23/2010 Part 39 ML100350697 65 FR 20337 2000-2 New Dosimetry Technology 01/08/2004 Final No Comments Parts 34, 36 and 39 ML100050662 03/08/2010 65 FR 63750 ML100321001 2001-1 Requirements for Certain Generally Licensed 02/16/2004 License Condition No Comments Adopted by NYS DOL which has Industrial Devices Containing Byproduct Material for 32.52 (a) & (b) 04/02/2004 since merged with the NYS DOH Parts 30, 31 and 32 only ML040930388 ML092190342.

65 FR 79162 ML040770455 2002-1 Revision of the Skin Dose Limit 04/05/2005 Proposed No Comments Part 20 ML101310506 07/07/2010 67 FR 16298 ML101580277 7

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

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

  • 2006-1 Minor Amendments 03/27/2009 Proposed Comments Parts 20, 30, 32, 35, 40 and 70 ML100600745 05/18/2010 71 FR 15005 ML100890015 Final Comments Part 35 only ML13150A107 08/08/2013 ML13197A356 Proposed Comments New York submitted proposed ML18156A604 9/13/2018 regulations that adopt 10 CFR Part ML18156A593 30, 32, 40, and 70 by reference 2006-2 National Source Tracking System - Serialization 02/06/2007 Not Applicable1 Not Applicable NYSHD responded on 02/02/2007 Requirements to FSME-06-110 stating that they Part 32 with reference to Part 20 Appendix E currently had no licensees 71 FR 65685 applicable to this rule.

ML070330060 2006-3 National Source Tracking System 01/31/2009 License Condition No Comments Part 20 ML083240082 12/11/2008 71 FR 65685, 72 FR 59162 ML083390393 9

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

  • 2007-2 Exemptions From Licensing, General Licenses, and 12/17/2010 Proposed Comments New York submitted proposed Distribution of Byproduct Material: Licensing and ML18156A604 9/13/2018 regulations that adopt 10 CFR Part Reporting Requirements ML18156A593 30, 31, and 32 by reference Parts 30, 31, 32 and 150 72 FR 58473
  • 2007-3 Requirements for Expanded Definition of Byproduct 11/30/2010 Final No Comments Part 35 only Material ML13150A107 08/08/2013 Parts 20, 30, 31, 32, 33, 35, 61 and 150 ML13197A356 72 FR 55864 Proposed Comments New York submitted proposed ML18156A604 9/13/2018 regulations that adopt 10 CFR Part ML18156A593 30, 31, and 32 by reference 2007-4 Order Imposing Fingerprinting Requirements and 06/05/2008 Final Comments Criminal History Records Check Requirements for ML091730154 08/04/2009 Unescorted Access to Certain Radioactive Material ML091820407 NRC Order EA-07-305 72 FR 70901 2008-1 Occupational Dose Records, Labeling Containers, 02/15/2011 and Total Effective Dose Equivalent Parts 19 and 20 72 FR 68043 10

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

  • 2011-1 Decommissioning Planning 12/17/2015 Proposed Comments New York submitted proposed Parts 20, 30, 40 and 70 ML18156A604 9/13/2018 regulations that adopt 10 CFR Part 76 FR 35512 ML18156A593 30, 40, and 70 by reference.
  • 2011-2 Licenses, Certifications, and Approvals for Materials 11/14/2014 Proposed Comments New York submitted proposed Licensees ML18156A604 9/13/2018 regulations that adopt 10 CFR Part Parts 30, 36, 39, 40, 70, and 150 ML18156A593 30, 36, 39, 40, and 70 by reference.

76 FR 56951 2012-1 Change of Compatibility of 10 CFR 31.5 and 31.6 01/25/2015 (See RATS ID: 2001-1 for Rule text) 77 FR 3640

  • 2012-2 Advance Notification to Native American Tribes of 08/10/2015 Proposed No Comments New York submitted proposed Transportation of Certain Types of Nuclear Waste ML18156A604 9/13/2018 regulations that adopt 10 CFR Part Part 71 ML18156A593 71 by reference.

77 FR 34194

  • 2012-3 Technical Corrections 08/06/2015 Proposed Comments New York submitted proposed Part 30, 34, 40 and 71 ML18156A604 9/13/2018 regulations that adopt 10 CFR Part 77 FR 39899 ML18156A593 30, 34, 40, and 71 by reference.
  • 2012-4 Requirements for Distribution of Byproduct Material 10/23/2015 Proposed Comments New York submitted proposed Parts 30, 31, 32, 40 and 70 ML18156A604 9/13/2018 regulations that adopt 10 CFR Part 77 FR 43666 ML18156A593 30, 32, 40, and 70 by reference.

11

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

  • 2013-2 Distribution of Source Material to Exempt Persons 08/27/2016 Proposed Comments New York submitted proposed and to General Licensees and Revision of ML18156A604 9/13/2018 regulations that adopt 10 CFR Part General License and Exemptions, ML18156A593 30, 40, and 70 by reference Parts 30, 40 and 70 78 FR 32310
  • 2015-3 Revisions to Transportation Safety Requirements 07/13/2018 Proposed Comments New York submitted proposed and Harmonization with International Atomic *extended to ML18156A604 9/13/2018 regulations that adopt 10 CFR Part Energy Agency Transportation Requirements 08/15/2020 ML18156A593 71 by reference Part 71 See STC 17-060 80 FR 33987

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

  • 2015-5 Miscellaneous Corrections, 12/31/2018 Proposed Comments New York submitted proposed Parts 19, 20, 30, 32, 37, 40, 61, 70, 71 and 150 ML18156A604 9/13/2018 regulations that adopt 10 CFR Part 80 FR 74974 ML18156A593 30, 32, 37, 40, 70, and 71 by reference.

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