ML24068A250

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Oct 29 2024 Letter to D Shearer Re Pennsylvania Final Regulations to Rats Ids 2018-1 Through 2023-1
ML24068A250
Person / Time
Issue date: 10/29/2024
From: Adelaide Giantelli
NRC/NMSS/DMSST/ASPB
To: Shearer D
State of PA, Dept of Environmental Protection
References
Download: ML24068A250 (1)
v • d • e


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Dwight Shearer, P.E., Director Bureau of Radiation Protection Department of Environmental Protection P.O. Box 8469 Harrisburg, PA 17105-8469

SUBJECT:

PENNSYLVANIA FINAL REVISIONS TO RATS IDS 2018-1 THROUGH 2023-1

Dear Dwight Shearer:

We have reviewed the final revisions to the Pennsylvania regulations Pa. Code Title 25 Chapter 215, received by our office on January 31, 2024. These regulations were reviewed by comparison to the equivalent U.S. Nuclear Regulatory Commission (NRC) rules and the requirements of Regulation Amendment Tracking System Identification Numbers (RATS ID) 2018-1 through 2023-1, as identified in the enclosed State Regulation Status (SRS) Data Sheet.

We discussed our review of the regulations with John Chippo on October 17, 2024.

As a result of our review, we identified that Pennsylvania has adopted several requirements that are designated as Compatibility Category NRC and the associated 29 comments are identified in Enclosure 1. Please note that we have limited our review to regulations required for compatibility and/or health and safety. We have determined that if these regulations are revised, incorporating our comment 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 also identified that the regulations in Title 25 Chapters 216-236 contain additional narrative and duplicative regulations that conflict with the NRC regulations as well as the Pennsylvanias regulations that are incorporated by reference (IBR). Pennsylvania should review Pa. Code Title 25 Article V to eliminate all duplicative and conflicting regulatory provisions. We advise that Pennsylvania use the NRCs upcoming IBR guidance to review their reconciliation language to ensure Pennsylvanias regulations are adequate and compatible with NRCs regulations.

We request that when you revise your regulations to address our comments, 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 location of any changes made and provide a copy to Division of Materials Safety, Security, State, and Tribal Programs, NMSS.

The SRS Data Sheet in Enclosure 2 summarizes our knowledge of the status of other Pennsylvania 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: https://www.nrc.gov/agreement-states.

October 29, 2024

D. Shearer 2

If you have any questions regarding the review, the compatibility and health and safety categories, or any of the NRC regulations used in the review, please contact my staff at AgreementStateRegs.Resource@nrc.gov.

Sincerely, Adelaide S. Giantelli, Chief State Agreement and Liaison Programs Branch Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards

Enclosures:

1. Compatibility Comment
2. Pennsylvania SRS Data Sheet Signed by Giantelli, Adelaide on 10/29/24 COMPATIBILITY COMMENTS ON PENNSYLVANIA FINAL REGULATIONS STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 1

Title 25 Section 215.1(e) 19.11 Part 19 NRC Postings of notices to workers Pennsylvania adopts 10 CFR 19.11 by reference in Title 25 Section 215.1(e).

Since 10 CFR 19.11 paragraphs (b) and (e) are designated Compatibility Category NRC, Pennsylvania cannot adopt these paragraphs.

Pennsylvania needs to remove the adoption by reference of these paragraphs by adding 10 CFR 19.11 (b) and (e) to the excluded provisions in Title 25 Section 215.1(e)(1) to meet the Compatibility Category NRC designation assigned to these paragraphs.

2 Title 25 Section 215.1(e) 19.14(a)

Part 19 NRC Presence of representatives of licensees and workers during inspections Pennsylvania adopts 10 CFR 19.14 by reference in Title 25 Section 215.1(e).

Since 10 CFR 19.14 paragraph (a) is designated Compatibility Category NRC, Pennsylvania cannot adopt this paragraph.

Pennsylvania needs to remove the adoption by reference of this paragraph by adding 10 CFR 19.14(a) to the excluded provisions in Title 25 Section 215.1(e)(1) to meet the Compatibility Category NRC designation assigned to these paragraphs.

3 25 Pa. Code

§215.1(e)(2) 20.1406(b)

Part 20 NRC Minimization of contamination Pennsylvania adopts 10 CFR 20.1406 by reference in Title 25 Section 215.1(e). Since 10 CFR 20.1406 paragraph (b) is designated Compatibility Category NRC, Pennsylvania cannot adopt this

2 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS paragraph.

Pennsylvania needs to remove the adoption by reference of this paragraph by adding 10 CFR 20.1406(b) to the excluded provisions in Title 25 Section 215.1(e)(2) to meet the Compatibility Category NRC designation assigned to this paragraph.

4 25 Pa. Code

§215.1(e)(2) 20.1905(g)

Part 20 NRC Exceptions to labeling requirements Pennsylvania has incorporated by reference 10 CFR 20.1905(g) in Title 25 Section 215.1(e). Since 10 CFR 20.1905 paragraph (g) is designated Compatibility Category NRC, Pennsylvania cannot adopt this paragraph.

Pennsylvania needs to remove the adoption by reference of this paragraph by adding 10 CFR 20.1905(g) to the excluded provisions in Title 25 Section 215.1(e)(2) to meet the Compatibility Category NRC designation assigned to this paragraph.

5 25 Pa. Code

§215.1(e)(2) 20.2203(c) and (d)

Part 20 NRC Reports of exposures, etc, exceeding the limits Pennsylvania has incorporated by reference 10 CFR 20.2203 in Title 25 Section 215.1(e). Since 10 CFR 20.2203 paragraphs (c) and (d) are designated Compatibility Category NRC, Pennsylvania cannot adopt these paragraphs.

Pennsylvania needs to remove the adoption by reference of these paragraphs by adding 10 CFR 20.2203(c) and (d) to the excluded provisions in Title 25 Section 215.1(e)(2) to meet the Compatibility Category NRC designation assigned to these paragraphs.

3 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 6

Title 25 Section 215.1(e) 32.11 Part 32 NRC Introduction of byproduct material in exempt concentrations into products or materials and transfer of ownership or possession:

Requirements for license Pennsylvania has incorporated by reference 10 CFR 32.11 in Title 25 Section 215.1(e). Since 10 CFR 32.11 is designated Compatibility Category NRC, Pennsylvania cannot adopt this requirement.

Pennsylvania needs to remove the adoption by reference of this requirement by adding 10 CFR 32.11 to the excluded provisions in Title 25 Section 215.1(e)(5) to meet the Compatibility Category NRC designation assigned to this requirement.

7 Title 25 Section 215.1(e) 32.12 Part 32 NRC Same: Records and material transfer reports Pennsylvania has incorporated by reference 10 CFR 32.12 in Title 25 Section 215.1(e). Since 10 CFR 32.12 is designated Compatibility Category NRC, Pennsylvania cannot adopt this requirement.

Pennsylvania needs to remove the adoption by reference of this requirement by adding 10 CFR 32.12 to the excluded provisions in Title 25 Section 215.1(e)(5) to meet the Compatibility Category NRC designation assigned to this requirement.

8 Title 25 Section 215.1(e) 32.21a Part 32 NRC Same: Records and material transfer reports Pennsylvania has incorporated by reference 10 CFR 32.21a in Title 25 Section 215.1(e). Since 10 CFR 32.21a is designated Compatibility Category NRC, Pennsylvania cannot adopt this

4 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS requirement.

Pennsylvania needs to remove the adoption by reference of this requirement by adding 10 CFR 32.21a to the excluded provisions in Title 25 Section 215.1(e)(5) to meet the Compatibility Category NRC designation assigned to this requirement.

9 Title 25 Section 215.1(e) 35.11(c)

Part 35 NRC License required Pennsylvania has incorporated by reference 10 CFR 35.11 in Title 25 Section 215.1(e). Since 10 CFR 35.11 paragraph (c) is designated Compatibility Category NRC, Pennsylvania cannot adopt this paragraph.

Pennsylvania needs to remove the adoption by reference of this paragraph by adding 10 CFR 35.11(c) to the excluded provisions in Title 25 Section 215.1(e)(8) to meet the Compatibility Category NRC designation assigned to this paragraph.

10 Title 25 Section 215.1(e) 35.13(a)(1)

Part 35 NRC License amendments Pennsylvania has incorporated by reference 10 CFR 35.13 in Title 25 Section 215.1(e). Since 10 CFR 35.13 paragraph (a)(1) is designated Compatibility Category NRC, Pennsylvania cannot adopt this paragraph.

Pennsylvania needs to remove the adoption by reference of this paragraph by adding 10 CFR 35.13(a)(1) to the excluded provisions in Title 25 Section 215.1(e)(8) to meet the Compatibility Category NRC designation assigned to this paragraph.

11 Title 25 40.4 Part 40 NRC Definitions

5 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS Section 215.1(e)

Pennsylvania has incorporated by reference 10 CFR 40.4 in Title 25 Section 215.1(e). Since the definitions of Foreign obligations and Reconciliation are designated Compatibility Category NRC, Pennsylvania cannot adopt these definitions.

Pennsylvania needs to remove the adoption by reference of these definitions by adding Foreign obligations and Reconciliation to the excluded definitions in Title 25 Section 215.1(e)(12) to meet the Compatibility Category NRC designation assigned to this paragraph.

12 Title 25 Section 215.1(e) 40.31(i)

Part 40 H&S Applications for specific licenses Pennsylvania does not incorporate by reference 10 CFR 40.31(i). Since 10 CFR 40.31(i) is designated Category H&S, Pennsylvania must adopt a compatible provision.

Pennsylvania can adopt this provision by reference by removing 40.31(i) from the list of exclusions in Title 25 Section 215.1(e)(12) or adopt a compatible regulation that meets the essential elements of this regulation to meet the Category H&S designation assigned to this provision.

13 Title 25 Section 215.1(e) 40.31(j), (l), (m)

Part 40 NRC Applications for specific licenses Pennsylvania has incorporated by reference 10 CFR 40.31(j), (l), and (m) in Title 25 Section 215.1(e). Since 10 CFR 40.31 paragraphs (j), (l), and (m) are designated Compatibility Category NRC, Pennsylvania cannot adopt these paragraphs.

Pennsylvania needs to remove the adoption by reference of these paragraphs by adding 10 CFR 40.31(j),

6 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS (l), and (m) to the excluded provisions in Title 25 Section 215.1(e)(12) to meet the Compatibility Category NRC designation assigned to these paragraphs.

14 Title 25 Section 215.1(e) 40.56 Part 40 NRC Restrictions on the use of Australian-obligated source materials Pennsylvania has incorporated by reference 10 CFR 40.56 in Title 25 Section 215.1(e). Since 10 CFR 40.56 is designated Compatibility Category NRC, Pennsylvania cannot adopt this requirement.

Pennsylvania needs to remove the adoption by reference of this requirement by adding 10 CFR 40.56 to the excluded provisions in Title 25 Section 215.1(e)(12) to meet the Compatibility Category NRC designation assigned to this requirement.

15 Title 25 Section 215.1(e) 70.14 Part 70 NRC Foreign military aircraft Pennsylvania has incorporated by reference 10 CFR 70.14 in Title 25 Section 215.1(e). Since 10 CFR 70.14 is designated Compatibility Category NRC, Pennsylvania cannot adopt this requirement.

Pennsylvania needs to remove the adoption by reference of this requirement by adding 10 CFR 70.14 to the excluded provisions in Title 25 Section 215.1(e)(13) to meet the Compatibility Category NRC designation assigned to this requirement.

16 Title 25 Section 215.1(e) 70.50(d)

Part 70 NRC Reporting requirements Pennsylvania has incorporated by reference 10 CFR 70.50 in Title 25

7 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS Section 215.1(e). Since 10 CFR 70.50 paragraph (d) is Compatibility Category NRC Pennsylvania cannot adopt this paragraph.

Pennsylvania needs to remove the adoption by reference of this requirement by adding 10 CFR 70.50(d) to the excluded provisions in Title 25 Section 215.1(e)(13) to meet the Compatibility Category NRC designation assigned to this paragraph.

17 Title 25 Section 215.1(e) 70.60 Part 70 NRC Applicability Pennsylvania has incorporated by reference 10 CFR 70.60 in Title 25 Section 215.1(e). Since 10 CFR 70.60 is designated Compatibility Category NRC, Pennsylvania cannot adopt this requirement.

Pennsylvania needs to remove the adoption by reference of this requirement by adding 10 CFR 70.60 to the excluded provisions in Title 25 Section 215.1(e)(13) to meet the Compatibility Category NRC designation assigned to this requirement.

18 Title 25 Section 215.1(e) 70.61 Part 70 NRC Performance requirements Pennsylvania has incorporated by reference 10 CFR 70.61 in Title 25 Section 215.1(e). Since 10 CFR 70.61 is designated Compatibility Category NRC, Pennsylvania cannot adopt this requirement.

Pennsylvania needs to remove the adoption by reference of this requirement by adding 10 CFR 70.61 to the excluded provisions in Title 25 Section 215.1(e)(13) to meet the Compatibility Category NRC designation assigned to this requirement.

8 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 19 Title 25 Section 215.1(e) 70.64 Part 70 NRC Requirements for new facilities or new processes at existing facilities Pennsylvania has incorporated by reference 10 CFR 70.64 in Title 25 Section 215.1(e). Since 10 CFR 70.64 is designated Compatibility Category NRC, Pennsylvania cannot adopt this requirement.

Pennsylvania needs to remove the adoption by reference of this requirement by adding 10 CFR 70.64 to the excluded provisions in Title 25 Section 215.1(e)(13) to meet the Compatibility Category NRC designation assigned to this requirement.

20 Title 25 Section 215.1(e) 70.65 Part 70 NRC Additional content of application Pennsylvania has incorporated by reference 10 CFR 70.65 in Title 25 Section 215.1(e). Since 10 CFR 70.65 is designated Compatibility Category NRC, Pennsylvania cannot adopt this requirement.

Pennsylvania needs to remove the adoption by reference of this requirement by adding 10 CFR 70.65 to the excluded provisions in Title 25 Section 215.1(e)(13) to meet the Compatibility Category NRC designation assigned to this requirement.

21 Title 25 Section 215.1(e) 70.66 Part 70 NRC Additional requirements for approval of license application Pennsylvania has incorporated by reference 10 CFR 70.66 in Title 25 Section 215.1(e). Since 10 CFR 70.66 is designated Compatibility Category NRC, Pennsylvania cannot adopt this requirement.

Pennsylvania needs to remove the

9 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS adoption by reference of this requirement by adding 10 CFR 70.66 to the excluded provisions in Title 25 Section 215.1(e)(13) to meet the Compatibility Category NRC designation assigned to this requirement.

22 Title 25 Section 215.1(e) 70.73 Part 70 NRC Renewal of licenses Pennsylvania has incorporated by reference 10 CFR 70.73 in Title 25 Section 215.1(e). Since 10 CFR 70.73 is designated Compatibility Category NRC, Pennsylvania cannot adopt this requirement.

Pennsylvania needs to remove the adoption by reference of this requirement by adding 10 CFR 70.73 to the excluded provisions in Title 25 Section 215.1(e)(13) to meet the Compatibility Category NRC designation assigned to this requirement.

23 Title 25 Section 215.1(e) 70.76 Part 70 NRC Backfitting Pennsylvania has incorporated by reference 10 CFR 70.76 in Title 25 Section 215.1(e). Since 10 CFR 70.76 is designated Compatibility Category NRC, Pennsylvania cannot adopt this requirement.

Pennsylvania needs to remove the adoption by reference of this requirement by adding 10 CFR 70.76 to the excluded provisions in Title 25 Section 215.1(e)(13) to meet the Compatibility Category NRC designation assigned to this requirement.

24 Title 25 Section 215.1(e) 70.82 Part 70 NRC Suspension and operation in war or national emergency Pennsylvania has incorporated by

10 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS reference 10 CFR 70.82 in Title 25 Section 215.1(e). Since 10 CFR 70.82 is designated Compatibility Category NRC, Pennsylvania cannot adopt this requirement.

Pennsylvania needs to remove the adoption by reference of this requirement by adding 10 CFR 70.82 to the excluded provisions in Title 25 Section 215.1(e)(13) to meet the Compatibility Category NRC designation assigned to this requirement.

25 Title 25 Section 215.1(e) 71.11 Part 71 NRC Protection of Safeguards Information Pennsylvania has incorporated by reference 10 CFR 71.11 in Title 25 Section 215.1(e). Since 10 CFR 71.11 is designated Compatibility Category NRC, Pennsylvania cannot adopt this requirement.

Pennsylvania needs to remove the adoption by reference of this requirement by adding 10 CFR 71.11 to the excluded provisions in Title 25 Section 215.1(e)(14) to meet the Compatibility Category NRC designation assigned to this requirement.

26 Title 25 Section 215.1(e) 71.70 Part 71 NRC Incorporation by reference Pennsylvania has incorporated by reference 10 CFR 71.70 in Title 25 Section 215.1(e). Since 10 CFR 71.70 is designated Compatibility Category NRC, Pennsylvania cannot adopt this requirement.

Pennsylvania needs to remove the adoption by reference of this requirement by adding 10 CFR 71.70 to the excluded provisions in Title 25 Section 215.1(e)(14) to meet the Compatibility Category NRC

11 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS designation assigned to this requirement.

27 Title 25 Section 215.1(e) 71.85(a)-(c)

Part 71 NRC Protection of Safeguards Information Pennsylvania has incorporated by reference 10 CFR 71.85 in Title 25 Section 215.1(e). Since 10 CFR 71.85 paragraphs (a)-(c) are designated Compatibility Category NRC Pennsylvania cannot adopt these paragraphs.

Pennsylvania needs to remove the adoption by reference of these paragraphs by adding 10 CFR 71.85(a)-(c) to the excluded provisions in Title 25 Section 215.1(e)(14) to meet the Compatibility Category NRC designation assigned to these paragraphs.

28 Title 25 Section 215.1(e) 71.91(b)

Part 71 NRC Protection of Safeguards Information Pennsylvania has incorporated by reference 10 CFR 71.91 in Title 25 Section 215.1(e). Since 10 CFR 71.91 paragraph (b) is designated Compatibility Category NRC Pennsylvania cannot adopt this paragraph.

Pennsylvania needs to remove the adoption by reference of this paragraph by adding 10 CFR 71.91(b) to the excluded provisions in Title 25 Section 215.1(e)(14) to meet the Compatibility Category NRC designation assigned to this paragraph.

29 Title 25 Section 215.1(e) 150.3 Part 150 NRC Definitions Pennsylvania has incorporated by reference 10 CFR 150.3 in Title 25 Section 215.1(e). Since the definition of Foreign obligations is designated

12 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS Compatibility Category NRC, Pennsylvania cannot adopt this definition.

Pennsylvania needs to remove the adoption by reference of definition of Foreign obligations to meet the Compatibility Category NRC designation assigned to this definition.

STATE REGULATION STATUS State: Pennsylvania Tracking Ticket Number: 24-07 Date: October 29, 2024

[# 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 ML021270241 No Comments 05/15/2003 ML031360008 Pennsylvania 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 Pennsylvania 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 ML021270241 No Comments 05/15/2003 ML031360008 1991-4 Notification of Incidents Parts 20, 30, 31, 34, 39, 40 and 70 56 FR 64980; 10/15/1994 Final ML021270241 No Comments 05/15/2003 ML031360008 1992-1 Quality Management Program and Misadministrations Part 35 56 FR 34104 (Superceded by 2002-2) 01/27/1995 Final ML021270241 No Comments 05/15/2003 ML031360008 Pennsylvania 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.

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 ML021270241 No Comments 05/15/2003 ML031360008 1993-2 Licensing and Radiation Safety Requirements for Irradiators Part 36 58 FR 7715 07/01/1996 Not Applicablei Not Applicable Pennsylvania 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 Final ML021270241 No Comments 05/15/2003 ML031360008 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 Pennsylvania does not have the authority to regulate this material under its Agreement.

1994-3 Timeliness in Decommissioning Material Facilities Parts 30, 40 and 70 59 FR 36026 08/15/1997 Final ML021270241 No Comments 05/15/2003 ML031360008 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 ML021270241 No Comments 05/15/2003 ML031360008

1995-2 Frequency of Medical Examinations for Use of Respiratory Protection Equipment Part 20 60 FR 7900 03/13/1998 Final ML021270241 No Comments 05/15/2003 ML031360008 1995-3 Low-Level Waste Shipment Manifest Information and Reporting Parts 20 and 61 60 FR 15649; 60 FR 25983 03/01/1998 Final ML021270241 No Comments 05/15/2003 ML031360008 1995-4 Performance Requirements for Radiography Equipment Part 34 60 FR 28323 (Superceded by 1997-5) 06/30/1998 Final ML021270241 No Comments 05/15/2003 ML031360008 Pennsylvania has adopted Final Regulations equivalent to RATS ID:

1997-5.

1995-5 Radiation Protection Requirements: Amended Definitions and Criteria Parts 19 and 20 60 FR 36038 08/14/1998 Final ML021270241 No Comments 05/15/2003 ML031360008 1995-6 Clarification of Decommissioning Funding Requirements Parts 30, 40 and 70 60 FR 38235 11/24/1998 Final ML021270241 No Comments 05/15/2003 ML031360008 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 Final ML021270241 No Comments 05/15/2003 ML031360008 Pennsylvania 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 ML021270241 No Comments 05/15/2003 ML031360008 Pennsylvania has adopted Final Regulations equivalent to RATS ID:

2004-1.

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 Final ML051890349 No Comments 12/14/2005 ML053470511 1997-1 Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air Act Part 20 61 FR 65120 01/9/2000 Final ML021270241 No Comments 05/15/2003 ML031360008 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 ML021270241 No Comments 05/15/2003 ML031360008 1997-3 Criteria for the Release of Individuals Administered Radioactive Material Parts 20 and 35 62 FR 4120 05/29/2000 Final ML021270241 No Comments 05/15/2003 ML031360008 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 Final ML021270241 No Comments 05/15/2003 ML031360008 1997-6 Radiological Criteria for License Termination Parts 20, 30, 40 and 70 62 FR 39057 08/20/2000 Final ML021270241 No Comments 05/15/2003 ML031360008

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 ML021270241 No Comments 05/15/2003 ML031360008 1998-1 Deliberate Misconduct by Unlicensed Persons Parts 30, 40, 61, 70, 71 and 150 63 FR 1890; 63 FR 13773 02/12/2001 Final ML051890349 No Comments 12/14/2005 ML053470511 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)

Pennsylvania 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 ML021270241 No Comments 05/15/2003 ML031360008 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 Final ML021270241 No Comments 05/15/2003 ML031360008 1998-6 Transfer for Disposal and Manifests: Minor Technical Conforming Amendment Part 20 63 FR 50127 11/20/2001 Final ML021270241 No Comments 05/15/2003 ML031360008 1999-1 Radiological Criteria for License Termination of Uranium Recovery Facilities Part 40 64 FR 17506 06/11/2002 Not Applicable Not Applicable Pennsylvania 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 ML021270241 No Comments 05/15/2003 ML031360008 2000-1 Energy Compensation Sources for Well Logging and Other Regulatory Clarifications Part 39 65 FR 20337 05/17/2003 Final ML021270241 No Comments 05/15/2003 ML031360008 2000-2 New Dosimetry Technology Parts 34, 36 and 39 65 FR 63750 01/08/2004 Final ML021270241 No Comments 05/15/2003 ML031360008 2001-1 Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct Material Parts 30, 31 and 32 65 FR 79162 02/16/2004 Final ML051890349 No Comments 07/11/2006 ML061920410 2002-1 Revision of the Skin Dose Limit Part 20 67 FR 16298 04/05/2005 Final ML051890349 No Comments 07/11/2006 ML061920410 2002-2 Medical Use of Byproduct Material Parts 20, 32 and 35 67 FR 20249 10/24/2005 Final ML051890349 No Comments 07/11/2006 ML061920410 2003-1 Financial Assurance for Materials Licensees Parts 30, 40 and 70 68 FR 57327 12/03/2006 Final ML051890349 No Comments 07/11/2006 ML061920410

2004-1 Compatibility With IAEA Transportation Safety Standards and Other Transportation Safety Amendments Part 71 69 FR 3697 10/01/2007 License Condition ML080230311 No Comments 02/12/2008 ML080430325 2005-1 Security Requirements for Portable Gauges Containing Byproduct Material Part 30 70 FR 2001 07/11/2008 Final ML051890349 No Comments 07/11/2006 ML061920410 2005-2 Medical Use of Byproduct Material - Recognition of Specialty Boards Part 35 70 FR 16336; 71 FR 1926 04/29/2008 Final ML051890349 No Comments 07/11/2006 ML061920410 2005-3 Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090) 70 FR 72128 12/01/2005 Order ML070190550 No Comments 02/08/2007 ML070380172 2006-1 Minor Amendments Parts 20, 30, 32, 35, 40 and 70 71 FR 15005 03/27/2009 Final ML051890349 No Comments 07/11/2006 ML061920410 2006-2 National Source Tracking System - Serialization Requirements Part 32 with reference to Part 20 Appendix E 71 FR 65685 02/06/2007 Final ML051890349 No Comments 07/11/2006 ML061920410 2006-3 National Source Tracking System Part 20 71 FR 65685, 72 FR 59162 01/31/2009 Final ML051890349 No Comments 07/11/2006 ML061920410 2007-1 Medical Use of Byproduct Material - Minor Corrections and Clarifications Parts 32 and 35 72 FR 45147, 54207 10/29/2010 Final ML051890349 No Comments 07/11/2006 ML061920410

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 Final ML051890349 No Comments 07/11/2006 ML061920410 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 ML051890349 No Comments 07/11/2006 ML061920410 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 ML080850466 No Comments 04/16/2008 ML081060739 2008-1 Occupational Dose Records, Labeling Containers, and Total Effective Dose Equivalent Parts 19 and 20 72 FR 68043 02/15/2011 Final ML051890349 No Comments 07/11/2006 ML061920410 2009-1 Medical Use of Byproduct Material - Authorized User Clarification Part 35 74 FR 33901 09/28/2012 Final ML17244A026 No Comments 10/04/2017 ML17244A025 2011-1 Decommissioning Planning Parts 20, 30, 40 and 70 76 FR 35512 12/17/2015 Final ML17244A026 No Comments 10/04/2017 ML17244A025 2011-2 Licenses, Certifications, and Approvals for Materials Licensees Parts 30, 36, 39, 40, 70 and 150 76 FR 56951 11/14/2014 Final ML17244A026 Revised Final ML18135A429 Comments 10/04/2017 ML17244A025 No Comments 06/07/2018 ML18135A428

2012-1 Change of Compatibility of Parts 31.5 and 31.6 (See RATS ID: 2001-1 for Rule text) 77 FR 3640 01/25/2015 Final ML17244A026 No Comments 10/04/2017 ML17244A025 2012-2 Advance Notification to Native American Tribes of Transportation of Certain Types of Nuclear Waste Part 71 77 FR 34194 08/10/2015 Final ML17244A026 No Comments 10/04/2017 ML17244A025 2012-3 Technical Corrections Part 30, 34, 40 and 71 77 FR 39899 08/06/2015 Final ML17244A026 No Comments 10/04/2017 ML17244A025 2012-4 Requirements for Distribution of Byproduct Material Parts 30, 31, 32, 40 and 70 77 FR 43666 10/23/2015 Final ML17244A026 Revised Final ML18135A429 Comments 10/04/2017 ML17244A025 No Comments 06/07/2018 ML18135A428 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 Proposed ML15092A819 Final ML16053A074 Comment 05/13/2015 ML15092A800 No Comments 03/07/16 ML16053A059 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 Final ML17244A026 Revised Final ML18135A429 Comments 10/04/2017 ML17244A025 No Comments 06/07/2018 ML18135A428

2015-1 Domestic Licensing of Special Nuclear Material -

Written Reports and Clarifying Amendments Part 70 79 FR 57721, 80 FR 143 01/26/2018 Final ML17244A026 Revised Final ML18135A429 Comments 10/04/2017 ML17244A025 No Comments 06/07/2018 ML18135A428 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 Final ML17244A026 No Comments 10/04/2017 ML17244A025 2015-3 Revisions to Transportation Safety Requirements and Harmonization with International Atomic Energy Agency Transportation Requirements Part 71 80 FR 33987 07/13/2018 Final ML17244A026 Revised Final ML18135A429 Comments 10/04/2017 ML17244A025 No Comments 06/07/2018 ML18135A428 2015-4 Miscellaneous Corrections, Parts 37 and 40 80 FR 45841 09/02/2018 Final ML17244A026 No Comments 10/04/2017 ML17244A025 2015-5 Miscellaneous Corrections, Parts 19, 20, 30, 32, 37, 40, 61, 70, 71 and 150 80 FR 74974 12/31/2018 Final ML17244A026 Revised Final ML18135A429 Comments 10/04/2017 ML17244A025 No Comments 06/07/2018 ML18135A428

  • 2018-1 Medical Use of Byproduct Material - Medical Event Definitions, Training and Experience, and Clarifying Amendments, 10 CFR Parts 30, 32 and 35 01/14/2022 Final ML24037A195 Comments 10/29/2024 ML24037A193
  • 2018-2 Miscellaneous Corrections -

Organizational Changes 10 CFR Parts 37, 40. 70 and 71 12/21/2021 Final ML24037A195 Comments 10/29/2024 ML24037A193

  • 2019-2 Organizational Changes and Conforming Amendments 10 CFR Parts 1, 2, 37, 40, 50, 51, 52, 55, 71, 72, 73, 74, 100, 140, and 150 12/30/2022 Final ML24037A195 Comments 10/29/2024 ML24037A193
  • 2020-3 Miscellaneous Corrections 10 CFR Parts 1, 2, 19, 20, 21, 30, 34, 35, 40, 50, 51, 52, 60, 61, 62, 63, 70, 71, 72, 73, 74, 75, 76, 110, and 140 11/16/2023 Final ML24037A195 Comments 10/29/2024 ML24037A193
  • 2022-1 Miscellaneous Corrections 10 CFR 1, 2, 20, 30, 40, 50, 55, 70, 73, and 170 none Final ML24037A195 Comments 10/29/2024 ML24037A193 Provisions are not required for compatibility.
  • 2023-1 Miscellaneous Corrections 10 CFR PARTS 1, 2, 26, 32, 40, 50, 51, 52, 72, and 73 09/25/2026 Final ML24037A195 Comments 10/29/2024 ML24037A193 NA Title 25 Chapter 215, Annex A, Pennsylvania Health Rules, Rights and Responsibilities of the Department-highlighted portions NA Proposed ML18135A429 No Comments 06/07/2018 ML18135A428 i IMPEP Team: verify that Pennsylvania does not have any licensees subject to these regulations during each review.

ML24068A250 OFFICE R-IV/DNMS/MIB NMSS/REFS/RRPB OGC/RMR NMSS/MSST/SMPB NAME ABolger SSahle JOlmstead AGiantelli DATE Oct 23, 2024 Oct 23, 2024 Oct 23, 2024 Oct 29, 2024

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