ML18086B707

4/12/2018 Letter to C. Waring Rhode Island Proposed Regulations to 10 CFR Parts 19, 20, 30, 31, 32, 33, 34, 35, 37, 39, 40, 70, 71, and 150

ML18086B707
Person / Time
Issue date:	04/12/2018
From:	Howell L H NRC/NMSS/DMSST
To:	Waring C State of RI, Dept of Health
Beardsley M R
Shared Package
ML18086B706	List: ML18086B707
References
Download: ML18086B707 (35)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 12, 2018 Charma Waring, Supervisor Center for Health Facilities and Regulations Rhode Island Department of Health 3 Capitol Hill, Room 305 Providence, RI 02908

Dear Ms. Waring:

We have reviewed the proposed revisions to the Rhode Island regulations, Rhode Island Rules and Regulations for the Control of Radiation, received by our office on February 21, 2018. These regulations were reviewed by comparison to the equivalent U.S. Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 70, 71, and 150. We discussed our review of the regulations with you on March 29, 2018.

As a result of our review, we have 56 comments that have been identified in the enclosure.

Please note that we have limited our review to regulations required for compatibility and/or health and safety. Under our current procedure, a finding that the Rhode Island regulations

meet the compatibility and health and safety categories of the equivalent NRC regulation may only be made based on a review of the final Rhode Island regulations. However, we have determined that if your proposed regulations were adopted, incorporating our comments and without other significant change, they would meet the compatibility and health and safety categories established in the Office of 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 Division of Materials Safety, Security, State, and Tribal

Programs, NMSS.

The SRS Data Sheet summarizes our knowledge of the status of other Rhode Island regulations, as indicated. Please let us know if you note any inaccu racies, 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 Monica Ford at (610) 337-5214 (Monica.Ford@nrc.gov

). Sincerely,

/RA/ PMichalak for

Linda Howell, Acting Deputy Director Division of Materials Safety, Security, State and Tribal Programs Office of Nuclear Material Safety and Safeguards

Enclosures:

1. Compatibility Comments

2. Rhode Island SRS Data Sheet

SUBJECT:

RHODE ISLAND PROPOSED REGULATIONS TO 10 CFR PARTS 19, 20, 30, 31, 32, 33, 34, 35, 37, 39, 40, 70, 71, and 150. DATED: APRIL 12, 2018 DISTRIBUTION: SP05 MFord, RSAO RI File OFFICE RI ASPB OGC ASPB:BC MSTR:DD NAME MFord MBeardsley LShrum PMichalak PMichalak for LHowell DATE 3/23/18 3/26/18 3/29/18 4/12/18 4/12/18 ML18086B707 OFFICIAL RECORD COPY Package ML18054A313

Enclosure 1 COMPATIBILITY COMMENTS ON RHODE ISLAND PROPOSED REGULATIONS STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 1 2.3 19.3 Part 19 D/NRC Definition Regulated entities Rhode Island incorporates this definition by reference. However a part of this definition is Compatibility Category NRC and does apply to Rhode Island as they do not have regulatory jurisdiction.

Rhode Island should not adopt 10 CFR 19.3 definition Regulated entities by reference and instead should incorporate the definition into Section 2.3 as meaning "any individual, person, organization or corporation that is subject to the regulatory jurisdiction of Rhode Island." Rhode Island needs to make the above change in order to meet to Compatibility Category D/NRC designation assigned to 10 CFR 19.3 definition Regulated Entities.

2 2.2 A.

2.4 19.11(b) and (e)

Part 19 NRC Posting of notices to workers Rhode Island adopts 10 CFR 19.11(b) and (e) by reference in Section 2.2 A. and 2.4. Rhode Island needs to add 10 CFR 19.11(b) and (e) to Section 2.2 B. so that it is not incorporated by reference.

Rhode Island needs to make the above change in order to meet the Compatibility Category NRC designation assigned to 10 CFR 19.11(b) and (e).

2 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 3 2.2 A. 2.7 19.14(a) Part 19 NRC Presence of representatives of licensees and workers during inspections Rhode Island incorporates all of 10 CFR 19.14 by reference in Section 2.2 A. and 2.7. Rhode Island needs to add 19.14(a) to Section 2.2 B. and remove it from Section 2.7 so that it is not incorporated by reference.

Rhode Island needs to make the above change in order to meet the Compatibility Category NRC designation assigned to 10 CFR 19.14(a). 4 1.9.6 20.1406(b)

Part 20 NRC Minimization of contamination Rhode Island adopts all of 10 CFR 20.1406 in Section 1.9.6. Rhode Island needs to add language which states "excluding 10 CFR 20.1406(b)."

Rhode Island needs to make the above change in order to meet the Compatibility Category NRC designation assigned to 120 CFR 20.1406(b).

5 1.2 A.

1.14.5 20.1905(g)

Part 20 NRC Exemptions to labeling requirements Rhode Island adopts 10 CFR 20.1905(g) by reference in Sections 1.2 A. and 1.14.5. Rhode Island needs to add 10 CFR 20.1905(g) to Section 1.2 B. and exclude it from Section 1.14.5 so that it is not incorporated by reference.

Rhode Island needs to make the above change in order to meet the Compatibility Category NRC designation assigned to 10 CFR 20.1905(g).

3 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 6 1.2 A. 1.17.3 20.2203(c) Part 20 NRC Reports of exposures, etc., exceeding the limits.

Rhode Island adopts 10 CFR 20.2203(c) by reference in Sections 1.2 A. and 1.17.3. Rhode Island needs to add 10 CFR 20.2203(c) to Section 1.2 B. and exclude it from Section 1.17.3 so that it is not incorporated by reference.

Rhode Island needs to make the above change in order to meet the Compatibility Category NRC designation assigned to 10 CFR 20.2203(c).

7 7.2.1 A. 30.4 Part 30 NRC Definition: Commencement of construction paragraph 2 Rhode Island incorporates this definition by reference in 7.2.1.A. Rhode Island should add paragraph 2 of the definition of Commencement of Construction to Section 7.2.1.B. so that it is not incorporated by reference.

Rhode Island needs to make the above change in order to meet the Compatibility Category NRC designation assigned to 10 CFR 30.4 Definition: Commencement of Construction paragraph 2.

8 7.2.1 A. 30.4 Part 30 NRC Definition: Construction paragraph 9ii Rhode Island incorporates this definition by reference in Section 7.2.1.A. Rhode Island should add paragraph 9ii of the definition of Construction to Section 7.2.1.B. so that it is not incorporated by reference.

Rhode Island needs to make the above change in order to meet the Compatibility Category NRC 4 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS designation assigned to 10 CFR 30.4 Definition: Construction paragraph 9ii. 9 7.2.1 B.

7.4.8 30.21(c) Part 30 NRC Radioactive drug: Capsules containing carbon-14 urea for "in vivo" diagnostic use for humans Rhode Island adopts 10 CFR 30.21(c) by reference in Section 7.4.8. Rhode Island needs to exclude 30.21(c) from adoption by reference in Section 7.4.8.

Rhode Island needs to make the above change in order to meet the Compatibility Category NRC designation assigned to 10 CFR 30.21(c). 10 7.2.1 B.

7.6.3 30.34(d), (e)(1),

& (e)(3) Part 30 NRC Terms and conditions of licenses Rhode Island adopts by reference 10 CFR 30.34(d), (e)(1), & (e)(3) in Section 7.6.3. Rhode Island needs to exclude these sections from adoption by reference in Section 7.6.3.

Rhode Island needs to make the above change in order to meet the Compatibility Category NRC designation assigned to 10 CFR 30.34(d), (e)(1), & (e)(3).

11 7.2.1 B.

7.6.9 30.41(b)(6)

Part 30 NRC Transfer of byproduct material Rhode Island has an incorrect reference in Section 7.2.1 B. Rhode Island needs to change the reference from 10 CFR 30.41(a)(6) to 10 CFR 30.41(b)(6). Additionally Rhode Island needs to exclude 10 CFR 30.41 from adoption by reference in Section 7.6.9.

Rhode Island needs to make the above changes in order to meet the Compatibility Category NRC 5 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS designation assigned to 10 CFR 30.41(b)(6).

12 7.2.1 A.

7.4.3 7.9.1 30.70 Part 30 B Schedule A- exempt concentrations table Rhode Island regulations are more restrictive in Section 7.9.1. Rhode Island adopts additional concentrations that are not currently included in 10 CFR 30.70.

Rhode Island needs to delete Section 7.9.1 B. from its regulations in order to meet the Compatibility Category B designation assigned to 10 CFR 30.70.

13 7.2.1 A. 7.4.4 7.9.2 30.71 Part 30 B Schedule B - exempt quantity table Rhode Island regulations are more restrictive in Section 7.9.2. Rhode Island adopts additional quantities that are not currently included in 10 CFR 30.71.

Rhode Island needs to delete Section 7.9.2 B. from its regulations in order to meet the Compatibility Category B designation assigned to 10 CFR 30.71.

14 7.2.2 B.

7.7.5 A. 31.9 Part 31 C General license to own byproduct material Rhode Island omits import or export from its regulation. The second sentence of Section 7.7.5 A. should read "Notwithstanding any other provisions of this Part, a general licensee is not authorized to manufacture, produce, transfer, receive, possess, use, import, or export radioactive material except as authorized by a specific license."

Rhode Island needs to make the above change in order to meet the Compatibility Category C designation 6 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS assigned to 10 CFR 31.9.

15 7.2.3 B. 7.3 32.2 Part 32 [A] Definition: Dose commitment Rhode Island does not adopt 10 CFR 32.2 by reference in Section 7.2.3 B. Rhode Island makes a reference to adoption by reference of 10 CFR 32.2 in Section 7.3 A. This can cause confusion. Rhode Island needs to remove 10 CFR 32.2 from Section 7.2.3 B. so that it is adopted by reference.

Rhode Island needs to make the above change in order to meet the Compatibility Category [A] designation assigned to 10 CFR 32.2 Definition: Dose commitment

. 16 7.2.3 B.

7.3 A. 32.2 Part 32 B Definition: Lot tolerance percent defective Rhode Island does not adopt 10 CFR 32.2 by reference in Section 7.2.3 B. Rhode Island makes a reference to adoption by reference of 10 CFR 32.2 in Section 7.3 A. This can cause confusion. Rhode Island needs to remove 10 CFR 32.2 from Section 7.2.3 B. so that it is adopted by reference.

Rhode Island needs to make the above change in order to meet the Compatibility Category B designation assigned to 10 CFR 32.2 Definition:

Lot Tolerance Percent Defective. 17 7.2.3 B.

7.3 A. 32.2 Part 32 B Definition: Nationally tracked source Rhode Island does not adopt 10 CFR 32.2 by reference in Section 7.2.3 B. Rhode Island makes a reference to adoption by reference of 10 CFR 32.2 in Section 7.3 A. This can cause confusion. Rhode Island needs to remove 10 CFR 32.2 from 7 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS Section 7.2.3 B. so that it is adopted by reference.

Rhode Island needs to make the above change in order to meet the Compatibility Category B designation assigned to 10 CFR 32.2 Definition: Nationally tracked source. 18 7.2.3 B. 32.13 Part 32 C Same: prohibition of introduction Rhode Island does not adopt 10 CFR 32.13 by reference. Rhode Island needs to remove 32.13 from s Section 7.2.3 B. so that it is adopted by reference.

Rhode Island needs to make the above change in order to meet the Compatibility Category C designation assigned to 10 CFR 32.13.

19 7.2.3 B. 32.21a Part 32 NRC Same: Conditions of license Rhode Island adopts 10 CFR 32.21a by reference. This regulation is a Compatibility Category NRC and should not be adopted by reference.

Rhode Island needs to add 10 CFR 32.21a to Section 7.2.3 B. in order to meet the Compatibility Category NRC designation assigned to 10 CFR 32.21a. 20 7.2.3 B. 32.24 Part 32 B Same: Table of organ doses Rhode Island does not adopt 10 CFR 32.24 by reference.

Rhode Island needs to remove 10 CFR 32.24 from Section 7.2.3 B., and adopt 10 CFR 32.24 by reference in order to meet the Compatibility Category B designation assigned to 10 CFR 32.24.

8 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 21 7.2.3 A. 7.6.10 A.

32.30 Part 32 NRC Certain industrial devices containing byproduct material: Requirements for license to manufacture, process, produce, or initially transfer Rhode Island adopts 10 CFR 32.30 by reference. 10 CFR 32.30 is a Compatibility Category NRC and should not be adopted by reference.

Rhode Island needs to add 10 CFR 32.30 to Section 7.2.3 B., and delete Section 7.6.10 A. in order to meet the Compatibility Category NRC designation assigned to 10 CFR 32.30. 22 7.2.3 A.

7.6.10 B.

32.31 Part 32 NRC Certain industrial devices containing byproduct material: Safety criteria Rhode Island adopts 10 CFR 32.31 by reference. 10 CFR 32.31 is a Compatibility Category NRC and should not be adopted by reference.

Rhode Island needs to add 10 CFR 32.31 to Section 7.2.3 B., and delete Section 7.6.10 B. in order to meet the Compatibility Category NRC designation assigned to 10 CFR 32.31. 23 7.2.3 A. 7.6.10 C.

32.32 Part 32 NRC Conditions of licenses issued under § 32.30: Quality control, labeling, and reports of transfer Rhode Island adopts 10 CFR 32.32 by reference. 10 CFR 32.32 is a Compatibility Category NRC and should not be adopted by reference.

Rhode Island needs to add 10 CFR 32.32 to Section 7.2.3 B., and delete Section 7.6.10 C. in order to meet the Compatibility Category NRC designation assigned to 10 CFR 9 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 32.32. 24 7.2.3 A. 7.6.15 A.

32.71 Part 32 B Manufacture and distribution of byproduct material for certain in vitro clinical or laboratory testing under general license Rhode Island's cross walk references Section 7.6.15 A. as the equivalent to 10 CFR 32.71. However, this section adopts by reference 10 CFR 32.61. Rhode Island needs to correct the typographical error in Section 7.6.15 A. to read "10 CFR 32.71".

Rhode Island needs to make the above change in order to meet the Compatibility Category B designation assigned to 10 CFR 32.71.

25 10.2 B.

10.7.4 34.71 Part 34 B Utilization logs Rhode Island says "or" in Section 10.7.4 A.2 instead of "and." Rhode Island needs to change the word "or" to "and" in Section 10.7.4 A.2 Rhode Island needs to make the above change in order to meet the Compatibility Category B designation assigned to 10 CFR 34.71.

26 9.2 A.

9.7.5 35.290 Part 35 B Training for imaging and localization studies Rhode Island cites the wrong regulation in Section 9.7.5. Rhode Island needs to delete the reference to 10 CFR 35.190 and replace it with a reference to 10 CFR 35.290.

Rhode Island needs to make the above change to section 9.7.5 in order to meet the Compatibility Category B designation assigned to 10 CFR 35.290.

10 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 27 9.2 A. 9.9.8 35.457 Part 35 H&S Therapy-related computer systems Rhode Island cites the incorrect regulation in Section 9.9.8. Rhode Island needs to delete the reference to 10 CFR 35.437 and replace it with a reference to 10 CFR 35.457.

Rhode Island needs to make the above change in order to meet the Compatibility Category H&S designation assigned to 10 CFR 35.457. 28 8.2 C.1. Multiple Part 37 Various - General Comment In Section 8.2 C.1. Rhode Island references parts of 10 CFR Part 37 and states that references to the NRC or the Commission shall not be deemed to be a reference to the Agency. Rhode Island needs to remove the definition of Fingerprint orders from Section 8.2 C.1.a. and also remove reference to 10 CFR 37.25(b) in Section 8.2 C.1.b. In both instances fingerprinting orders were issued by Rhode Island to its' licensees and not by the NRC.

Rhode Island needs to make the above change in order to be compatible with 10 CFR Part 37.

29 8.2 A.

8.4.4 B. 37.27(c) Part 37 B Requirements for criminal history records checks of individuals granted unescorted access to category 1 or category 2 quantities of radioactive material Rhode Island lists the incorrect address in Section 8.4.4 B. Rhode Island needs to change the address to read "U.S. Nuclear Regulatory Commission Criminal History Program 11 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 11545 Rockville Pike, Mailstop T-7D04M Rockville, MD 20852" Rhode Island needs to make the above change in order to meet the Compatibility Category B designation assigned to 10 CFR 37.27(c).

30 8.2 B.

8.6.4 37.77(f) Part 37 C Advance notification of shipment of category 1 quantities of radioactive material Rhode Island does not adopt 10 CFR 37.77(f) by reference. Rhode Island needs to remove 10 CFR 37.77(f) from Section 8.2 B. and the exclusion reference in Section 8.6.4.

Rhode Island needs to make the above changes in order to meet the Compatibility Category C designation assigned to 10 CFR 37.77(f).

31 7.2.5 A. 7.2.5 B. 40.4 Part 40 NRC Definition: Commencement of construction, paragraph 2 Rhode Island adopts paragraph 2 in the definition of commencement of construction by reference in Section 7.2.5 A. Rhode Island needs to add 10 CFR 40.4 Definition: Commencement of construction , paragraph 2 to 7.2.5 B. so that it is not adopted by reference.

Rhode Island needs to make the above change in order to meet the Compatibility Category NRC designation assigned to 10 CFR 40.4 Definition: Commencement of construction , paragraph 2.

32 7.2.5 A.

7.2.5 B. 40.4 Part 40 NRC Definition: Construction paragraph 9ii Rhode Island adopts paragraph 9ii in the definition of Construction by reference in Section 7.2.5 A.

12 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS Rhode Island needs to add 10 CFR 40.4 Definition:

Construction , paragraph 9ii to Section 7.2.5 B. so that it is not adopted by reference.

Rhode Island needs to make the above change in order to meet the Compatibility Category NRC designation assigned to 10 CFR 40.4 Definition: Construction , paragraph 9ii. 33 7.2.5 A. 7.2.5 B. 40.4 Part 40 NRC Definition: Foreign obligations Rhode Island adopts 10 CFR 40.4 Definition: Foreign obligations by reference in Section 7.2.5 A. This regulation is a Compatibility Category NRC and should not be adopted by Rhode Island.

Rhode Island needs to place 10 CFR 40.4 Definition: Foreign obligations in Section 7.2.5 B. in order to meet the Compatibility Category NRC designation assigned to 10 CFR 40.4 Definition:

Foreign obligations

. 34 7.2.5 A. 40.4 Part 40 NRC Definition: Reconciliation Rhode Island adopts 10 CFR 40.4 Definition: Reconciliation by reference in Section 7.2.5 A. This regulation is a Compatibility Category NRC and should not be adopted by Rhode Island. Rhode Island needs to place 10 CFR 40.4 Definition: Reconciliation in Section 7.2.5 B. in order to meet the Compatibility Category NRC designation assigned to 10 CFR 40.4 Definition: Reconciliation

.

13 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 35 7.2.5 A. 7.4.10 40.13(c)(5)(iv)

Part 40 NRC Unimportant quantities of source material Rhode Island adopts 10 CFR 40.13(c)(5)(iv) by reference in Sections 7.2.5 A. and 7.4.10.

Rhode Island needs to add 10 CFR 40.13 (c)(5)(iv) to Section 7.2.5 B. and add the language "with the exception of 40.13(c)(5)(iv)" to Section 7.4.10 in order to meet the Compatibility Category NRC designation assigned to 10 CFR 40.13 (c)(5)(iv).

36 7.2.5 B. 7.7.9 40.23 Part 40 NRC General license for carriers of transient shipments of natural uranium other than in the form of ore or ore residue Rhode Island cites an incorrect reference in Section 7.7.9. Rhode Island adopts 10 CFR 40.23 by reference in Section 7.7.9, however they reference the title of 10 CFR 40.22. Rhode Island should change the citation to match the title so that 10 CFR 40.22 is adopted by reference.

Rhode Island needs to make the above change in order to meet the Compatibility Category NRC designation assigned to 10 CFR 40.23. 37 7.2.5 A.

7.2.5 B. 40.32(d) Part 40 NRC General requirements for issuance of specific licenses Rhode Island adopts 10 CFR 40.32(d) by reference.

Rhode Island needs to add 10 CFR 40.32(d) to Section 7.2.5 B. in order to meet the Compatibility Category NRC designation assigned to 10 CFR 40.32 (d), (g) and those portions of 14 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS paragraph (e) which apply to uranium enrichment and uranium hexafluoride facilities.

38 7.2.5 B.

7.6.4 40.36(a), (b),

(d), and (f)

Part 40 H&S Financial assurance and recordkeeping for decommissioning Rhode Island does not have an equivalent to 10 CFR 40.36 (a), (b), (d) and (f) in its regulations.

Rhode Island either needs to adopt 10 CFR 40.36 (a), (b), (d) and (f) by reference, or adopt equivalent language in order to meet the Compatibility Category H&S designation assigned to 10 CFR 40.36 (a), (b), (d) and (f).

39 7.2.5 A.

7.2.5 B. 40.41(d), (e)(1),

(e)(3), (g), and (h) Part 40 NRC Terms and conditions of licenses Rhode Island adopts 10 CFR 40.41(h) by reference in Section 7.2.5 A. Rhode Island needs to add 10 CFR 40.41(h) to Section 7.2.5 B. so that it is not adopted by reference.

Rhode Island needs to make the above change in order to meet the Compatibility Category NRC designation assigned to 10 CFR 40.41(d), (e)(1), (e)(3), (g), and (h).

40 7.2.5 B. 40.46 Part 40 C Inalienability of licenses Rhode Island does not adopt equivalent provisions to 10 CFR 40.46. Rhode Island needs to either adopt 10 CFR 40.46 by reference, or adopt equivalent language to 10 CFR 40.46 in order to meet the Compatibility Category C designation assigned to 10 CFR 40.46.

15 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 41 7.6.19 B.

40.56 Part 40 NRC Restrictions on the use of Australian-obligated source materials Rhode Island lists an incorrect regulation in Section 7.6.19 B. which adopts 10 CFR 40.56 by reference. Rhode Island should cite 10 CFR 40.55 in section Section 7.6.19 B.

Rhode Island needs to make the above change in order to meet the Compatibility Category NRC designation assigned to 10 CFR 40.56. 42 7.2.6 A. 70.4 Part 70 NRC Definition: Commencement of construction paragraph 2 Rhode Island adopts paragraph 2 in the definition of commencement of construction by reference in Section 7.2.6 A. Rhode Island needs to add 10 CFR 70.4 Definition: Commencement of construction , paragraph 2 to Section 7.2.6 B. so that it is not adopted by reference.

Rhode Island needs to make the above change in order to meet the Compatibility Category NRC designation assigned to 10 CFR 70.4 Definition: Commencement of construction , paragraph 2..

43 7.2.6 A. 70.4 Part 70 NRC Definition Construction paragraph 9ii Rhode Island adopts paragraph 9ii in the definition of Construction by reference in Section 7.2.6 A. Rhode Island needs to add 10 CFR 70.4 Definition: Construction , paragraph 9ii to Section 7.2.6 B. so that it is not adopted by reference.

Rhode Island needs to make the above change in order to meet the 16 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS Compatibility Category NRC designation assigned to 10 CFR 70.4 Definition: Construction , paragraph 9ii. 44 7.2.6 B. 70.23 (a)(2),

(a)(3), & (a)(4)

Part 70 H&S Requirements for the approval of applications Rhode Island does not have an equivalent to 10 CFR 70.23 (a)(2), (a)(3), and (a)(4) in its regulations.

Rhode Island either needs to adopt 10 CFR 70.23 (a)(2), (a)(3), and (a)(4) by reference, or adopt equivalent language in order to meet the Compatibility Category H&S designation assigned to 10 CFR 70.23 (a)(2), (a)(3), and (a)(4).

45 7.2.6 B. 70.25(a)(2), (b),

(e), and (g)

Part 70 H&S Financial assurance and recordkeeping for decommissioning Rhode Island does not have an equivalent to 10 CFR 70.25 (a)(2), (b), (e) and (g) in its regulations.

Rhode Island either needs to adopt 10 CFR 70.25 (a)(2), (b), (e) and (g) by reference or adopt equivalent language in order to meet the Compatibility Category H&S designation assigned to 10 CFR 70.25 (a)(2), (b), (e) and (g) 46 7.2.6 B. 70.36 Part 70 C Inalienability of licenses Rhode Island omits 10 CFR 70.36 from its regulations that are adopted by reference in Section 7.2.6 B. Rhode Island needs to remove 10 CFR 70.36 from Section 7.2.6 B. so that it is adopted by reference.

Rhode Island needs to make the above change in order to meet the Compatibility Category C designation assigned to 10 CFR 70.36.

17 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 47 7.2.6 B. 70.41 Part 70 C Authorized use of special nuclear material Rhode Island omits incorporating 10 CFR 70.41 by reference and does not have equivalent language in its regulations. Rhode Island needs to remove 10 CFR 70.41 from Section 7.2.6 B. so that it is adopted by reference.

Rhode Island needs to make the above change in order to meet the Compatibility Category C designation assigned to 10 CFR 70.41 48 12.2 Multiple Part 71 Various - General Comment Rhode Island needs to add a paragraph D. to Section 12.2 that reads "Where the words "NRC", "Commission", "Nuclear Regulatory Commission", "United States Nuclear Regulatory Commission" or "Administrator of the appropriate Regional Office" appear in 10 CFR Part 71, substitute the words Agency except when used in 10 CFR 71.5 (b), 71.10, 71.17(c)(3), and (e), 71.85(c), 71.88(a)(4), 71.93(c), 71.95, 71.97(c), (c)(3)(iii), and (f). 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. Rhode Island form number (place appropriate number), "Notice to Employees", must be posted instead of NRC Form 3 that is specified in 10 CFR Part 71.

Rhode Island needs to add a paragraph to reconcile differences in section 12 as it did in other sections of its regulations, in order to be compatible with 10 CFR Part 71.

18 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 49 12.2 A. 12.6.2 71.19 Part 71 NRC Previously approved package Rhode Island adopts by reference 10 CFR 71.19 in Sections 12.2 A. and 12.6.2. Rhode Island needs to delete Section 12.6.2 and add this to Section 12.2 C. so that it is not adopted by reference.

Rhode Island needs to make the above change in order to meet the Compatibility Category NRC designation assigned to 10 CFR 71.19. 50 12.2 C. 71.35 Part 71 NRC Package evaluation Rhode Island incorrectly lists 10 CFR 71.36 as not being adopted by reference. This section does not exist and should be corrected to read 10 CFR 71.35.

Rhode Island needs to make the above change in order to meet the Compatibility Category NRC designation assigned to 10 CFR 71.35.

51 12.2 A.

12.2.C. 71.91(b) Part 71 NRC Records Rhode Island does not make reference to 10 CFR 71.91(b) in Section 12.2 C. therefore it is adopted by reference. Rhode Island needs to add 71.91(b) to Section 12.2 C. so that it is not adopted by reference.

Rhode Island needs to make the above change in order to meet the Compatibility Category NRC designation assigned to 10 CFR 71.91(b).

19 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 52 12.8.9 71.97 Part 71 B Advance notification of shipment of irradiated reactor fuel and nuclear waste Rhode Island lists an incorrect reference in Section 12.8.9. Rhode Island needs to delete 10 CFR 71.95 and replace it with 10 CFR 71.97.

Rhode Island needs to make the above change in order to meet the Compatibility Category B designation assigned 10 CFR 71.97.

53 12.2 A.

12.2.C. 71.101(c)(2),

(d), and (e)

Part 71 NRC Quality assurance requirements Rhode Island incorporates 10 CFR 71.101(c)(2), (d) and (e) by reference in Section 12.2 A. Rhode Island needs to add 10 CFR 71.101(c)(2), (d), and (e) to section 12.2 C. so that it is not adopted by reference.

Rhode Island needs to make the above change in order to meet the Compatibility Category NRC designation assigned to 10 CFR 71.101 (c)(2), (d), and (e).

54 12.2 A. 12.2.C. 71.107 71.109 71.111 71.113 71.115 71.117 71.119 71.121 71.123 71.125 Part 71 NRC Multiple 10 CFR 71.107, 71.109, 71.111, 71.113, 71.115, 71.117, 71.119, 71.121, 71.123, and 71.125 are all Compatibility Category NRC and should not be adopted by reference. Rhode Island needs to add these regulations to Section 12.2 C.

Rhode Island needs to make the above change in order to meet the Compatibility Category NRC designation assigned to 10 CFR 71.107, 71.109, 71.111, 71.113, 71.115, 71.117, 71.119, 71.71.121, 71.123, and 71.125.

20 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 55 N/A 150.3 Part 150 B Definition: Offshore waters Rhode Island omits an equivalent definition to 10 CFR 150.3 Offshore Waters. Rhode Island needs to add this definition to its regulations in order to meet the Compatibility Category B designation assigned to 10 CFR 105.3 Definition: Offshore Waters.

56 N/A 150.11 Part 150 B Critical Mass Rhode Island omits an equivalent to 10 CFR 150.11 from its regulations.

Rhode Island either needs to adopt 10 CFR 150.11 by reference, or adopt equivalent language in its regulations in order to meet the Compatibility Category B designation assigned to 10 CFR 150.11.

EDITORIAL COMMENT STATE SECTION: COMMENT:

9.9.3 Rhode Island has incorrect codification in 9.9.3. The first section should start with the letter A. not C.

Enclosure 2 STATE REGULATION STATUS State: Rhode Island Tracking Ticket Number: 18-27 Date: 4/12/2018 [ 1 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 Not Required Not Required Rhode Island has adopted Final Regulations equivalent to RATS ID: 1997-5. 1991-2 ASNT Certification of Radiographers Part 34 56 FR 11504 (Superceded by 1997-5) none Not Required Not Required Rhode Island has adopted Final Regulations equivalent to RATS ID: 1997-5. 1991-3 Standards for Protection Against Radiation Part 20 56 FR 23360; 56 FR 61352; 57 FR 38588; 57 FR 57877; 58 FR 67657; 59 FR 41641; 60 FR 20183 01/01/1994 Final No Comments 10/16/1997 1991-4 Notification of Incidents Parts 20, 30, 31, 34, 39, 40, and 70 56 FR 64980 10/15/1994 Final No Comments 09/22/1999 1992-1 Quality Management Program and Misadministrations Part 35 56 FR 34104 (Superceded by 2002-2) 01/27/1995 Final No Comments 09/22/1999 Rhode Island has adopted Final Regulations equivalent to RATS ID: 2002-2. 1992-2 Eliminating the Recordkeeping Requirements for Departures from Manufacturer's Instructions Parts 30 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 03/27/2000 1993-2 Licensing and Radiation Safety Requirements for Irradiators Part 36 58 FR 7715 07/01/1996 Not Applicable 1 Not Applicable Rhode Island does not have any licensees subject to these regulations. (See SECY-95-112) 1993-3 Definition of Land Disposal and Waste Site QA

Program Part 61 58 FR 33886 07/22/1996 Not Applicable 1

Not Applicable Rhode Island does not have any licensees subject to these regulations. (See SECY-95-112) 1994-1 Self-Guarantee as an Additional Financial Mechanism Parts 30, 40 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 Regu lations: Conforming NRC Requirements to EPA Standards Part 40 59 FR 28220 07/01/1997 Not Applicable Not Applicable Rhode Island does not have authority to regulate this material under its Agreement.

1994-3 Timeliness in Decommissioning Material Facilities Parts 30, 40 and 70 59 FR 36026 08/15/1997 Final No Comments 03/27/2000

3 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 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 03/27/2000 1995-2 Frequency of Medical Examinations for Use of Respiratory Protection Equipment

Part 20 60 FR 7900 03/13/1998 Final No Comments 03/27/2000 1995-3 Low-Level Waste Shipment Manifest Information and Reporting Parts 20 and 61 60 FR 15649; 60 FR 25983 03/01/1998 Final No Comments 03/27/2000 1995-4 Performance Requirements for Radiography Equipment Part 34 60 FR 28323 (Superceded by 1997-5) 06/30/1998 Final No Comments 03/27/2000 Rhode Island has adopted Final Regulations equivalent to RATS ID: 1997-5. 1995-5 Radiation Protection Requirements: Amended Definitions and Criteria Parts 19 and 20 60 FR 36038 08/14/1998 Final Comments 03/27/2000 1995-6 Clarification of Decommissioning Funding Requirements Parts 30, 40 and 70 60 FR 38235 11/24/1998 Final No Comments 03/27/2000

4 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 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 No Comments 03/27/2000 Rhode Island has adopted Final Regulations equivalent to RATS IDs: 2002-2 and 2005-2.

1996-1 Compatibility with the International Atomic Energy Agency Part 71 60 FR 50248; 61 FR 28724 (Superceded by 2004-1) 04/01/1999 Final ML042520322 Comments 10/25/2004 ML043010048 Rhode Island has not yet adopted Final Regulations equivalent to RATS ID: 2004-1. 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 No Comments 03/27/2000 1997-1 Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air Act

Part 20 61 FR 65120 01/9/2000 Final ML042520322 No Comments 10/25/2004 ML043010048

5 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1997-2 Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Within an Agreement State Part 150 62 FR 1662 02/27/2000 Final ML073040203 No Comments 11/28/2007 ML073320009 1997-3 Criteria for the Release of Individuals Administered Radioactive Material Parts 20 and 35 62 FR 4120 05/29/2000 Final No Comments 03/27/2000 1997-4 Fissile Material Shipments and Exemptions Part 71 62 FR 5907 (Superceded by 2004-1) 02/10/2000 Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility. (See STP-97-078) 1997-5 Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiography Operations Parts 30, 34, 71 and 150 62 FR 28947 06/27/2000 Final No Comments 03/27/2000 1997-6 Radiological Criteria for License Termination Parts 20, 30, 40 and 70 62 FR 39057 08/20/2000 Final ML093420277 No Comments 01/14/2010 ML093630121 1997-7 Exempt Distribution of a Radioactive Drug Containing One Micro curie of Carbon-14 Urea Part 30 62 FR 63634 01/02/2001 Final No Comments 03/27/2000

6 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 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 ML042520322 No Comments 10/25/2004 ML043010048 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) Rhode Island has adopted Final Regulations equivalent to RATS ID: 2002-2. 1998-4 Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiographic Operations

Part 34 63 FR 37059 07/09/2001 Final No Comments 03/27/2000 1998-5 Minor Corrections, Clarifying Changes, and a Minor Policy Change Parts 20, 32, 35, 36 and 39 63 FR 39477; 63 FR 45393 10/26/2001 Final No Comments 03/27/2000 1998-6 Transfer for Disposal and Manifests: Minor Technical Conforming Amendment

Part 20 63 FR 50127 11/20/2001 Final No Comments 03/27/2000

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 Rhode Island does not have the authority to regulate this material under its Agreement.

1999-2 Requirements for Those Who Possess Certain Industrial Devices Containing Byproduct Material to Provide Requested Information Part 31 64 FR 42269 10/04/2002 Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility.

1999-3 Respiratory Protection and Controls to Restrict Internal Exposure Part 20 64 FR 54543; 64 FR 55524 02/02/2003 Final ML042520322 No Comment 10/25/2004 ML043010048 2000-1 Energy Compensation Sources for Well Logging and Other Regulatory Clarifications Part 39 65 FR 20337 05/17/2003 Final ML042520322 No Comment 10/25/2004 ML043010048 2000-2 New Dosimetry Technology Parts 34, 36 and 39 65 FR 63750 01/08/2004 Final ML042520322 No Comment 10/25/2004 ML043010048 2001-1 Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct Material Parts 30, 31 and 32 65 FR 79162 02/16/2004 Final ML062700535 Comments 10/27/2006 ML063030281

8 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2002-1 Revision of the Skin Dose Limit Part 20 67 FR 16298 04/05/2005 Final ML042520322 No Comment 10/25/2004 ML043010048 2002-2 Medical Use of Byproduct Material Parts 20, 32 and 35 67 FR 20249 10/24/2005 Final ML042520322 No Comment 10/25/2004 ML043010048 2003-1 Financial Assurance for Materials Licensees Parts 30, 40 and 70 68 FR 57327 12/03/2006 Final ML062700535 No Comments 10/27/06 ML063030281 2004-1 Compatibility With IAEA Transportation Safety Standards and Other Transportation Safety Amendments Part 71 69 FR 3697 10/01/2007 Final ML14126A173 Comments 07/03/2014 ML14113A571 2005-1 Security Requirements for Portable Gauges Containing Byproduct Material Part 30 70 FR 2001 07/11/2008 Final ML062700535 No Comments 10/27/2006 ML063030281 2005-2 Medical Use of Byproduct Material - Recognition of Specialty Boards Part 35 70 FR 16336; 71 FR 1926 04/29/2008 Final ML062350571 No Comments 09/01/2006 ML062490383 2005-3 Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090) 70 FR 72128 12/01/2005 License Condition ML052570551 No Comments 09/15/2005 ML052630170

9 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2006-1 Minor Amendments Parts 20, 30, 32, 35, 40 and 70 71 FR 15005 03/27/2009 Final ML14126A173 Comments 07/03/2014 ML14113A571 2006-2 National Source Tracking System - Serialization Requirements Part 32 with reference to Part 20 Appendix E 71 FR 65685 02/06/2007 Final ML14126A173 No Comments 07/03/2014 ML14113A571 2006-3 National Source Tracking System Part 20 71 FR 65685, 72 FR 59162 01/31/2009 Final ML14126A173

License Condition ML082840230 No Comments 07/03/2014 ML14113A571

No Comments 10/21/2008 ML082880140 2007-1 Medical Use of Byproduct Material - Minor Corrections and Clarifications Parts 32 and 35 72 FR 45147, 54207 10/29/2010 Final ML14126A173 Comments 07/03/2014 ML14113A571 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 ML14126A173 Comments 07/03/2014 ML14113A571

10 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 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 ML14126A173 Comments 07/03/2014 ML14113A571 2007-4 Order Imposing Fingerprinting Requirements and Criminal History Records Check Requirements for Unescorted Access to Certain Radioactive Material NRC Order EA-07-305 72 FR 70901 06/05/2008 License Condition ML080800494 No Comments 04/09/2008 ML080990804 2008-1 Occupational Dose Records, Labeling Containers, and Total Effective Dose Equivalent Parts 19 and 20 72 FR 68043 02/15/2011 Final ML14126A173 Comments 07/03/2014 ML14113A571 2009-1 Medical Use of Byproduct Material - Authorized User Clarification Part 35 74 FR 33901 09/28/2012 Final ML14126A173 Comments 07/03/2014 ML14113A571 2011-1 Decommissioning Planning Parts 20, 30, 40 and 70 76 FR 35512 12/17/2015 Final ML14126A173 No Comments 07/03/2014 ML14113A571 2011-2 Licenses, Certifications, and Approvals for Materials Licensees Parts 30, 36, 39, 40, 70 and 150 76 FR 56951 11/14/2014 Final ML14126A173 Comments 07/03/2014 ML14113A571

11 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 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 ML14126A173 Comments 07/03/2014 ML14113A571 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 ML14126A173 Comments 07/03/2014 ML14113A571 2012-3 Technical Corrections Part 30, 34, 40 and 71 77 FR 39899 08/06/2015 Final ML14126A173 Comments 07/03/2014 ML14113A571 2012-4 Requirements for Distribution of Byproduct Material Parts 30, 31, 32, 40 and 70 77 FR 43666 10/23/2015 Final ML14126A173 Comments 07/03/2014 ML14113A571 2013-1 Physical Protection of Byproduct Material, Parts 20, 30, 32, 33, 34, 35, 36, 37, 39 and 71 78 FR 16922 03/19/2016 License Condition ML15301A131 No Comments 11/13/2015 ML15301A125 Part 37 only

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 12 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2015-1 Domestic Licensing of Special Nuclear Material - Written Reports and Clarifying Amendments

Part 70 79 FR 57721, 80 FR 143 01/26/2018 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 2015-3 Revisions to Transportation Safety Requirements and Harmonization with International Atomic Energy Agency Transportation Requirements Part 71 80 FR 33987 07/13/2018

• extended to 08/15/2020 See STC 17-060 2015-4 Miscellaneous Corrections, Parts 37 and 40 80 FR 45841 09/02/2018

2015-5 Miscellaneous Corrections, Parts 19, 20, 30, 32, 37, 40, 61, 70, 71 and 150 80 FR 74974 12/31/2018

• N/A Parts 19, 20, 30, 31, 32, 33 , 34, 35, 36, 39, 40, 70, 71 and 150

• see applicable RATS IDs Proposed ML18054A337

Comments 4/12/2018 ML18054A313 Rhode Island submitted proposed regulations incorporating NRC regulations by reference.

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