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{{#Wiki_filter:UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Louis Brayboy, Interim Section Chief North Carolina Department of Health and Human Services Division of Health Service Regulation 1645 Mail Service Center Raleigh, NC | {{#Wiki_filter:UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Louis Brayboy, Interim Section Chief North Carolina Department of Health and Human Services Division of Health Service Regulation 1645 Mail Service Center Raleigh, NC 27699-1600 | ||
==SUBJECT:== | ==SUBJECT:== | ||
| Line 21: | Line 21: | ||
==Dear Louis Brayboy:== | ==Dear Louis Brayboy:== | ||
The Nuclear Regulatory Commission (NRC) staff have reviewed the letter provided to the NRC, dated May 9, 2024, addressing the compatibility of North Carolina Rule.0362 with the decay-in-storage requirements outlined in 10 Code of Federal Regulations (CFR) 35.92. This letter was submitted in response to the letter provided to Lee Cox, the former North Carolina Department of Health and Human Services Radiation Protection Section Chief, dated May 13, 2014 (ML14111A021). The findings of this review, which were also discussed with you on July 19, 2024, are provided below. | |||
The Nuclear Regulatory Commission (NRC) staff have reviewed the letter provided to the NRC, dated May 9, 2024, addressing the compatibility of North Carolina Rule .0362 with the decay-in-storage requirements outlined in 10 Code of Federal Regulations (CFR) 35.92. This letter was submitted in response to the letter provided to Lee Cox, the former North Carolina Department of Health and Human Services Radiation Protection Section Chief, dated May 13, 2014 (ML14111A021). The findings of this review, which were also discussed with you on July 19, 2024, are provided below. | |||
The NRC staff reviewed the bases provided in the letter and noted that while some portions of North Carolinas regulation are supported, there is no safety analysis justifying that a decay-in-storage requirement for material with a half-life of up to 275 days meets the health and safety considerations associated with the Health and Safety compatibility category. Without this analysis, the letter does not provide a sufficient basis to conclude that North Carolinas use of the 275-day limit embodies the basic health and safety aspects of the corresponding NRC regulation, 10 CFR 35.92, which provides a 120-day limit for decay-in-storage. | The NRC staff reviewed the bases provided in the letter and noted that while some portions of North Carolinas regulation are supported, there is no safety analysis justifying that a decay-in-storage requirement for material with a half-life of up to 275 days meets the health and safety considerations associated with the Health and Safety compatibility category. Without this analysis, the letter does not provide a sufficient basis to conclude that North Carolinas use of the 275-day limit embodies the basic health and safety aspects of the corresponding NRC regulation, 10 CFR 35.92, which provides a 120-day limit for decay-in-storage. | ||
The NRC regulation, 10 CFR 35.92, which is assigned as Category Health and Safety (H&S), | The NRC regulation, 10 CFR 35.92, which is assigned as Category Health and Safety (H&S), | ||
states that [a] licensee may hold byproduct material with a physical half-life of less than or equal to 120 days for decay-in-storage before disposal without regard to its radioactivity provided it meets the other requirements of the regulation. Although the NRC regulations identified as H&S are not required for purposes of compatibility, Agreement States must adopt the elements of the regulation that embody the basic health and safety aspects of the NRCs program elements and include these requirements in their Agreement State licenses. This point was brought to the attention of the State of North Carolina in the {{letter dated|date=May 13, 2014|text=May 13, 2014, letter}}, which notified the State of their need to change their decay-in-storage requirement to meet the H&S designation assigned to 10 CFR 35.92. | states that [a] licensee may hold byproduct material with a physical half-life of less than or equal to 120 days for decay-in-storage before disposal without regard to its radioactivity provided it meets the other requirements of the regulation. Although the NRC regulations identified as H&S are not required for purposes of compatibility, Agreement States must adopt the elements of the regulation that embody the basic health and safety aspects of the NRCs program elements and include these requirements in their Agreement State licenses. This point was brought to the attention of the State of North Carolina in the {{letter dated|date=May 13, 2014|text=May 13, 2014, letter}}, which notified the State of their need to change their decay-in-storage requirement to meet the H&S designation assigned to 10 CFR 35.92. | ||
The NRC revised 35.92 to include the current 120-day limit for decay-in-storage in 2002 (67 Fed. Reg. 20250). As part of this 2002 rulemaking, the requirement to hold byproduct materials for 10 half-lives was removed as it was no longer needed with the updated requirement in paragraph (a) of the rule that precludes disposal of radioactive material until radiation levels adjacent to the material do not exceed background levels. This approach, in addition to being more risk-informed, ensures that material containing radioactive material would August 6, 2024 not be held in storage for extended periods of time (i.e., licensees would not use decay in storage as a possible long-term disposal option). Although a specific number of half-lives is no longer required, restricting half-lives to 120 days or less ensures that sufficient decay occurs in a relatively short amount of time prior to disposal of the material (e.g., 10 half-lives of Selenium-75 (120 days) is approximately 3.25 years; 10 half-lives of Ge-68 (271 days) is more than 7 years). | The NRC revised 35.92 to include the current 120-day limit for decay-in-storage in 2002 (67 Fed. Reg. 20250). As part of this 2002 rulemaking, the requirement to hold byproduct materials for 10 half-lives was removed as it was no longer needed with the updated requirement in paragraph (a) of the rule that precludes disposal of radioactive material until radiation levels adjacent to the material do not exceed background levels. This approach, in addition to being more risk-informed, ensures that material containing radioactive material would August 6, 2024 | ||
L. Brayboy not be held in storage for extended periods of time (i.e., licensees would not use decay in storage as a possible long-term disposal option). Although a specific number of half-lives is no longer required, restricting half-lives to 120 days or less ensures that sufficient decay occurs in a relatively short amount of time prior to disposal of the material (e.g., 10 half-lives of Selenium-75 (120 days) is approximately 3.25 years; 10 half-lives of Ge-68 (271 days) is more than 7 years). | |||
The NRC staff also notes that the 120-day requirement is linked to the decommissioning financial assurance regulations. Specifically, 10 CFR 30.35 dictates that financial assurance considerations are only required for radionuclides with a half-life greater than 120 days. | The NRC staff also notes that the 120-day requirement is linked to the decommissioning financial assurance regulations. Specifically, 10 CFR 30.35 dictates that financial assurance considerations are only required for radionuclides with a half-life greater than 120 days. | ||
Radionuclides with a half-life less than or equal to 120 days, such as those that are approved for decay-in-storage, are not required to be considered by a licensee when estimating decommissioning costs. Thus, adopting a 275-day decay-in-storage requirement would result in the long-term storage of materials that are not covered in a licensees decommissioning funding plan and would create a gap in the implementation of the financial assurance requirements across the National Materials Program. | Radionuclides with a half-life less than or equal to 120 days, such as those that are approved for decay-in-storage, are not required to be considered by a licensee when estimating decommissioning costs. Thus, adopting a 275-day decay-in-storage requirement would result in the long-term storage of materials that are not covered in a licensees decommissioning funding plan and would create a gap in the implementation of the financial assurance requirements across the National Materials Program. | ||
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North Carolina SRS Sheet Signed by Giantelli, Adelaide on 08/06/24 | North Carolina SRS Sheet Signed by Giantelli, Adelaide on 08/06/24 | ||
STATE REGULATION STATUS State: North Carolina | STATE REGULATION STATUS State: North Carolina Tracking Ticket Number: 24-27 Date: August 6, 2024 | ||
[amendment(s) reviewed identified by a | [amendment(s) reviewed identified by a | ||
* at the beginning of the equivalent NRC requirement.] | * at the beginning of the equivalent NRC requirement.] | ||
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1991-1 Safety Requirements for Radiographic Equipment Part 34 55 FR 843 (Superceded by 1997-5) 01/10/1994 Final No Comments 8/18/00 North Carolina 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 North Carolina 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 10/25/1995 1991-4 Notification of Incidents Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980 10/15/1994 Final No Comments 08/18/2000 1992-1 Quality Management Program and Misadministrations Part 35 56 FR 34104 (Superseded by 2002-2) 01/27/1995 Final No Comments 08/18/2000 North Carolina has not yet 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. | |||
RATS ID | 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, 40 58 FR 39628 10/25/1996 Final No Comments 08/18/2000 1993-2 Licensing and Radiation Safety Requirements for Irradiators Part 36 58 FR 7715 07/01/1996 Final No Comments 08/18/2000 1993-3 Definition of Land Disposal and Waste Site QA Program Part 61 58 FR 33886 07/22/1996 Final No Comments 08/18/2000 1994-1 Self-Guarantee as an Additional Financial Mechanism Parts 30, 40, 70 58 FR 68726; 59 FR 1618 none Final No Comments 08/18/2000 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 North Carolina does not have authority to regulate this material under its Agreement. | |||
1994-3 Timeliness in Decommissioning Material Facilities Parts 30, 40, 70 59 FR 36026 08/15/1997 Final No Comments 08/18/2000 1995-1 Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for Medical Use Parts 30, 32, 35 59 FR 61767; 59 FR 65243; 60 FR 322 01/01/1998 Final No Comments 08/18/2000 | |||
1993-1 | |||
Parts 30, 40 58 FR 39628 | |||
1993-2 | |||
1993-3 | |||
1994-1 | |||
1994-2 | |||
1994-3 | |||
1995-1 | |||
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1995-2 Frequency of Medical Examinations for Use of Respiratory Protection Equipment Part 20 60 FR 7900 03/13/1998 Final No Comments 08/18/2000 1995-3 Low-Level Waste Shipment Manifest Information and Reporting Parts 20, 61 60 FR 15649; 60 FR 25983 03/01/1998 Final No Comments 08/18/2000 1995-4 Performance Requirements for Radiography Equipment Part 34 60 FR 28323 (Superseded by 1997-5) 06/30/1998 Final No Comments 08/18/2000 North Carolina has adopted Final Regulations equivalent to RATS ID: | |||
1997-5. | |||
1995-5 Radiation Protection Requirements: Amended Definitions and Criteria Parts 19, 20 60 FR 36038 08/14/1998 Final No Comments 08/18/2000 1995-6 Clarification of Decommissioning Funding Requirements Parts 30, 40, 70 60 FR 38235 11/24/1998 Final No Comments 08/18/2000 1995-7 Medical Administration of Radiation and Radioactive Materials Parts 20, 35 60 FR 48623 (Superseded by 2002-2 and 2005-2) 10/20/1998 Final No Comments 08/18/2000 North Carolina has not yet adopted Final Regulations equivalent to RATS IDs: 2002-2 and 2005-2. | |||
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1996-1 Compatibility with the International Atomic Energy Agency Part 71 60 FR 50248; 61 FR 28724 (Superseded by 2004-1) 04/01/1999 Final No Comments 08/18/2000 North Carolina 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, 70 61 FR 1109 02/15/1999 Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility. | |||
1996-3 Termination or Transfer of Licensed Activities: | |||
Record keeping Requirements Parts 20, 30, 40, 61, 70 61 FR 24669 06/17/1999 Final No Comments 08/18/2000 1997-1 Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air Act Part 20 61 FR 65120 01/9/2000 Final No Comments 08/18/2000 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 No Comments 08/18/2000 1997-3 Criteria for the Release of Individuals Administered Radioactive Material Parts 20, 35 62 FR 4120 05/29/2000 Final No Comments 08/18/2000 1997-4 Fissile Material Shipments and Exemptions Part 71 62 FR 5907 (Superseded 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) | |||
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1997-5 Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiography Operations Parts 30, 34, 71, 150 62 FR 28947 06/27/2000 Final No Comments 08/18/2000 1997-6 Radiological Criteria for License Termination Parts 20, 30, 40, 70 62 FR 39057 08/20/2000 Final No Comments 08/18/2000 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 08/18/2000 1998-1 Deliberate Misconduct by Unlicensed Persons Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773 02/12/2001 Final ML061990608 No Comments 08/15/2006 ML062280005 1998-2 Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing Licensees Parts 30, 40, 70 63 FR 29535 07/01/2001 Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility. | |||
1998-3 License Term for Medical Use Licenses Part 35 63 FR 31604 (Superseded by 2002-2) 07/10/2001 Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility. (See STP-98-074) 1998-4 Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiographic Operations Part 34 63 FR 37059 07/09/2001 Final ML062840118 No Comments 10/23/2006 ML062970032 | |||
Proposed | RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1998-5 Minor Corrections, Clarifying Changes, and a Minor Policy Change Parts 20, 32, 35, 36, 39 63 FR 39477; 63 FR 45393 10/26/2001 Final ML061990608 No Comments 08/15/2006 ML062280005 1998-6 Transfer for Disposal and Manifests: Minor Technical Conforming Amendment Part 20 63 FR 50127 11/20/2001 Final ML042320535 No Comments 09/02/2004 ML042460091 1999-1 Radiological Criteria for License Termination of Uranium Recovery Facilities Part 40 64 FR 17506 06/11/2002 Not Applicable Not Applicable North Carolina does not have 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 ML061990608 No Comments 08/15/2006 ML062280005 2000-1 Energy Compensation Sources for Well Logging and Other Regulatory Clarifications Part 39 65 FR 20337 05/17/2003 Final ML061990608 Proposed ML22097A255 No Comments 08/15/2006 ML062280005 No Comments 05/12/2022 ML22097A252 NC submitted regulations that incorporate 10 CFR Part 39 by reference. | |||
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2000-2 New Dosimetry Technology Parts 34, 36, 39 65 FR 63750 01/08/2004 Final ML061990608 Proposed ML22097A255 No Comments 08/15/2006 ML062280005 No Comments 05/12/2022 ML22097A252 2001-1 Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct Material Parts 30, 31, 32 65 FR 79162 02/16/2004 Final ML14071A189 Comments 05/13/2014 ML14071A146 2002-1 Revision of the Skin Dose Limit Part 20 67 FR 16298 04/05/2005 Final ML061790305 No Comments 08/04/2006 ML062160419 2002-2 Medical Use of Byproduct Material Parts 20, 32, 35 67 FR 20249 10/24/2005 Final ML14071A189 Comments 05/13/2014 ML14071A146 2003-1 Financial Assurance for Materials Licensees Parts 30, 40, 70 68 FR 57327 12/03/2006 Final ML061790305 No Comments 08/04/2006 ML062160419 2004-1 Compatibility With IAEA Transportation Safety Standards and Other Transportation Safety Amendments Part 71 69 FR 3697 10/01/2007 Final ML14071A189 No Comments 05/13/2014 ML14071A146 2005-1 Security Requirements for Portable Gauges Containing Byproduct Material Part 30 70 FR 2001 07/11/2008 License Condition ML081680728 No Comments 06/30/2008 ML081820320 | |||
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2005-2 Medical Use of Byproduct Material - Recognition of Specialty Boards Part 35 70 FR 16336; 71 FR 1926 04/29/2008 Final ML081680728 No Comments 06/30/2008 ML081820320 2005-3 Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090) 70 FR 72128 12/01/2005 License Condition ML052720130 No Comments 10/04/2005 ML052780077 2006-1 Minor Amendments Parts 20, 30, 32, 35, 40 and 70 71 FR 15005 03/27/2009 Final ML14071A189 No Comments 05/13/2014 ML14071A146 2006-2 National Source Tracking System - Serialization Requirements Part 32 with reference to Part 20 Appendix E 71 FR 65685 02/06/2007 Not Applicablei Not Applicable North Carolina responded on 02/16/2007 to FSME-06-110 stating that they currently had no licensees applicable to this rule. | |||
ML070460135 2006-3 National Source Tracking System Part 20 71 FR 65685, 72 FR 59162 01/31/2009 License Condition ML081680728 No Comments 06/30/2008 ML081820320 2007-1 Medical Use of Byproduct Material - Minor Corrections and Clarifications Parts 32 and 35 72 FR 45147, 54207 10/29/2010 Final ML14071A189 Comments 05/13/2014 ML14071A146 2007-2 Exemptions From Licensing, General Licenses, and Distribution of Byproduct Material: Licensing and Reporting Requirements Parts 30, 31, 32, 150 72 FR 58473 12/17/2010 Final ML14071A189 Comments 05/13/2014 ML14071A146 | |||
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, 150 72 FR 55864 11/30/2010 Final ML14071A189 Comments 05/13/2014 ML14071A146 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 ML080660061 No Comments 03/20/2008 ML080800385 2008-1 Occupational Dose Records, Labeling Containers, and Total Effective Dose Equivalent Parts 19, 20 72 FR 68043 02/15/2011 Final ML14071A189 Comments 05/13/2014 ML14071A146 2009-1 Medical Use of Byproduct Material - Authorized User Clarification Part 35 74 FR 33901 09/28/2012 Final ML14071A189 No Comments 05/13/2014 ML14071A146 2011-1 Decommissioning Planning Parts 20, 30, 40, 70 76 FR 35512 12/17/2015 Proposed ML14164A277 Final ML17187A158 Comments 08/19/2014 ML14162A412 Comments 09/06/2017 ML17187A129 | |||
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2011-2 Licenses, Certifications, and Approvals for Materials Licensees Parts 30, 36, 39, 40, 70, and 150 76 FR 56951 11/14/2014 Proposed ML14164A277 Final ML17187A158 Proposed ML22097A255 Comments 08/19/2014 ML14162A412 Comments 09/06/2017 ML17187A129 No Comments 05/12/2022 ML22097A252 NC submitted regulations incorporating 10 CFR Part 39 by reference only 2012-1 Change of Compatibility of 10 CFR 31.5 and 31.6 (See RATS ID: 2001-1 for Rule text) 77 FR 3640 01/25/2015 Final ML14071A189 Revised Final ML15335A403 Revised Final ML17187A158 Comments 08/19/2014 ML14162A412 No Comments 01/13/2016 ML15335A397 No Comments 09/06/2017 ML17187A129 2012-2 Advance Notification to Native American Tribes of Transportation of Certain Types of Nuclear Waste Part 71 77 FR 34194 08/10/2015 Proposed ML14164A277 Final ML17187A158 No Comments 08/19/2014 ML14162A412 No Comments 09/06/2017 ML17187A129 | |||
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2012-3 Technical Corrections Parts 30, 34, 40 and 71 77 FR 39899 08/06/2015 Proposed ML14164A277 Final ML17187A158 Comments 08/19/2014 ML14162A412 No Comments 09/06/2017 ML17187A129 2012-4 Requirements for Distribution of Byproduct Material Parts 30, 31, 32, 40 and 70 77 FR 43666 10/23/2015 Proposed ML14164A277 Final ML17187A158 Comments 08/19/2014 ML14162A412 Comments 09/06/2017 ML17187A129 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 Proposed LC ML15202A281 Final ML17187A158 Proposed ML22097A255 Proposed ML22298A006 Comment 09/08/2015 ML15202A215 Comments 09/06/2017 ML17187A129 No Comments 05/12/2022 ML22097A252 No Comments 12/01/2022 ML22298A005 License Condition addresses Part 37 requirements only. | |||
NC submitted regulations incorporating 10 CFR Part 39 by reference. | |||
NC submitted regulations incorporating 10 CFR Parts 34 and 37 by reference. | |||
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2013-2 Distribution of Source Material to Exempt Persons and to General Licensees and Revision of General License and Exemptions Parts 30, 40, and 70 78 FR 32310 08/27/2016 Proposed ML15335A403 Final ML17187A158 Comments 01/13/2016 ML15335A397 Comments 09/06/2017 ML17187A129 2015-1 Domestic Licensing of Special Nuclear Material - | |||
Written Reports and Clarifying Amendments Part 70 79 FR 57721, 80 FR 143 01/26/2018 Proposed ML15335A403 Final ML17187A158 Comments 01/13/2016 ML15335A397 Comments 09/06/2017 ML17187A129 2015-2 Safeguards Information - Modified Handling Categorization, Change for Materials Facilities Parts 30, 37, 73, and 150 79 FR 58664, 80 FR 3865 01/28/2018 Proposed ML15335A403 Final ML17187A158 Proposed ML22298A006 Comments 01/13/2016 ML15335A397 Comments 09/06/2017 ML17187A129 No Comments 12/01/2022 ML22298A005 NC submitted regulations incorporating 10 CFR Part 37 by reference only. | |||
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 Proposed ML15335A403 Final ML17187A158 Comments 01/13/2016 ML15335A397 Comments 09/06/2017 ML17187A129 | |||
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2015-4 Miscellaneous Corrections Parts 37 and 40 80 FR 45841 09/02/2018 Proposed ML15335A403 Final ML17187A158 Comments 01/13/2016 ML15335A397 No Comments 09/06/2017 ML17187A129 2015-5 Miscellaneous Corrections Parts 19, 20, 30, 32, 37, 40, 61, 70, 71, and 150 80 FR 74974 12/31/2018 Final ML17187A158 No Comments 09/06/2017 ML17187A129 2018-1 Medical Use of Byproduct Material - Medical Event Definitions, Training and Experience, and Clarifying Amendments Parts 30, 32 and 35 01/14/2022 2018-2 Miscellaneous Corrections - | |||
Organizational Changes Parts 37, 40, 70 and 71 12/21/2021 Proposed ML22298A006 No Comments 12/01/2022 ML22298A005 NC submitted regulations incorporating 10 CFR Part 37 by reference only. | |||
2018-3 Miscellaneous Corrections Parts 1, 2, 34, 37, 50, 71, 73, and 140 07/30/2022 Proposed ML22298A006 Comments 12/01/2022 ML22298A005 NC submitted regulations incorporating 10 CFR Parts 34 and 37 by reference only. | |||
2019-1 Miscellaneous Corrections Parts 2, 21, 37, 50, 52, 73, and 110 12/18/2022 Proposed ML22298A006 Comments 12/01/2022 ML22298A005 NC submitted regulations incorporating 10 CFR Part 37 by reference only. | |||
2019-2 Organizational Changes and Conforming Amendments Parts 1, 2, 37, 40, 50, 51, 52, 55, 71, 72, 73, 74, 100, 140, and 150 12/30/2022 Proposed ML22298A006 No Comments 12/01/2022 ML22298A005 NC submitted regulations incorporating 10 CFR Part 37 by reference only. | |||
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2020-1 Individual Monitoring Devices 10 CFR Parts 34, 36, and 39 06/16/2023 Proposed ML22097A255 Proposed ML22298A006 No Comments 05/12/2022 ML22097A252 No Comments 12/01/2022 ML22298A005 NC submitted regulations incorporating 10 CFR Part 39 by reference only. | |||
NC submitted regulations incorporating 10 CFR Part 34 by reference only. | |||
2020-2 Social Security Number Fraud Prevention 10 CFR Parts 9 and 35 08/17/2023 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 Proposed ML22298A006 Proposed ML23102A012 No Comments 12/01/2022 ML22298A005 No Comments 05/16/2023 ML23102A011 NC submitted regulations incorporating 10 CFR Parts 34 and 61 by reference only. | |||
NC submitted regulations incorporating 10 CFR Parts 19 and 20 by reference only. | |||
2021-1 Miscellaneous Corrections 10 CFR Parts 2, 11, 20, 25, 32, 35, 37, 50, 52,55, 70, 72, 73, 95, and 110 09/08/2024 Proposed ML22298A006 Proposed ML23102A012 No Comments 12/01/2022 ML22298A005 No Comments 05/16/2023 ML23102A011 NC submitted regulations incorporating 10 CFR Part 37 by reference only. | |||
NC submitted regulations incorporating 10 CFR Part 20 by reference only. | |||
2021-2 Miscellaneous Corrections 10 CFR Parts 9, 37, 40, 50, 51, 52, 55, 71, 73, and 110 12/30/2024 Proposed ML22298A006 No Comments 12/01/2022 ML22298A005 NC submitted regulations incorporating 10 CFR Part 37 by reference only. | |||
2022-1 Miscellaneous Corrections 10 CFR 1, 2, 20, 30, 40, 50, 55, 70, 73, and 170 none Provisions are not required for compatibility. | |||
2022-2 Miscellaneous Corrections 10 CFR Parts 20, 35, 50, 51, 52, 72, 73, 110, and 150 none Provisions are not required for compatibility. | |||
i IMPEP Team: verify that North Carolina does not have any licensees subject to these regulations during each review. | RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2023-1 Miscellaneous Corrections 10 CFR PARTS 1, 2, 26, 32, 40, 50, 51, 52, 72, and 73 09/25/2026 NA 10 CFR Parts 34, 37, and 61 NA Proposed ML22298A006 Comments 12/01/2022 ML22298A005 NC submitted regulations incorporating 10 CFR Parts 34, 37, and 61 by reference. | ||
NA 10 CFR Parts 19 and 20 NA Proposed ML23102A012 Comments 05/16/2023 ML23102A011 NC submitted regulations incorporating 10 CFR Parts 19 and 20 by reference. | |||
NA 10 CFR Parts 30, 31, 32, 33, 35, 36, 40, and 70 NA Proposed ML23290A068 Comments 12/20/2023 ML23324A317 NC submitted revisions to previously proposed regulations that adopt parts 30, 31, 32, 33,35,36,40 and 70 by reference. | |||
*NA Proposed license condition for Decay-in-Storage regulation (Decay-in-Storage Regulation Exemption Request) | |||
Proposed LC ML24164A252 Comments 08/06/2024 ML24164A228 i IMPEP Team: verify that North Carolina does not have any licensees subject to these regulations during each review. | |||
Ltr ML24178A044 OFFICE | Ltr ML24178A044 OFFICE NMSS/MSST/SLPB OGC/LHE/MFW NMSS/REFS/RRPB NMSS/MSST/SMPB NAME AWhite EAnderson SSahle AGiantelli DATE Aug 5, 2024 Aug 5, 2024 Aug 6, 2024 Aug 6, 2024}} | ||
Latest revision as of 17:46, 24 November 2024
| ML24178A044 | |
| Person / Time | |
|---|---|
| Issue date: | 08/06/2024 |
| From: | Adelaide Giantelli NRC/NMSS/DMSST/ASPB |
| To: | Brayboy L State of NC, Dept of Health & Human Services |
| References | |
| Download: ML24178A044 (1) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Louis Brayboy, Interim Section Chief North Carolina Department of Health and Human Services Division of Health Service Regulation 1645 Mail Service Center Raleigh, NC 27699-1600
SUBJECT:
NORTH CAROLINA JUSTIFICATION FOR A 275-DAY HALF-LIFE DECAY IN STORAGE LIMIT IN LIEU OF 120-DAY HALF-LIFE LIMIT
Dear Louis Brayboy:
The Nuclear Regulatory Commission (NRC) staff have reviewed the letter provided to the NRC, dated May 9, 2024, addressing the compatibility of North Carolina Rule.0362 with the decay-in-storage requirements outlined in 10 Code of Federal Regulations (CFR) 35.92. This letter was submitted in response to the letter provided to Lee Cox, the former North Carolina Department of Health and Human Services Radiation Protection Section Chief, dated May 13, 2014 (ML14111A021). The findings of this review, which were also discussed with you on July 19, 2024, are provided below.
The NRC staff reviewed the bases provided in the letter and noted that while some portions of North Carolinas regulation are supported, there is no safety analysis justifying that a decay-in-storage requirement for material with a half-life of up to 275 days meets the health and safety considerations associated with the Health and Safety compatibility category. Without this analysis, the letter does not provide a sufficient basis to conclude that North Carolinas use of the 275-day limit embodies the basic health and safety aspects of the corresponding NRC regulation, 10 CFR 35.92, which provides a 120-day limit for decay-in-storage.
The NRC regulation, 10 CFR 35.92, which is assigned as Category Health and Safety (H&S),
states that [a] licensee may hold byproduct material with a physical half-life of less than or equal to 120 days for decay-in-storage before disposal without regard to its radioactivity provided it meets the other requirements of the regulation. Although the NRC regulations identified as H&S are not required for purposes of compatibility, Agreement States must adopt the elements of the regulation that embody the basic health and safety aspects of the NRCs program elements and include these requirements in their Agreement State licenses. This point was brought to the attention of the State of North Carolina in the May 13, 2014, letter, which notified the State of their need to change their decay-in-storage requirement to meet the H&S designation assigned to 10 CFR 35.92.
The NRC revised 35.92 to include the current 120-day limit for decay-in-storage in 2002 (67 Fed. Reg. 20250). As part of this 2002 rulemaking, the requirement to hold byproduct materials for 10 half-lives was removed as it was no longer needed with the updated requirement in paragraph (a) of the rule that precludes disposal of radioactive material until radiation levels adjacent to the material do not exceed background levels. This approach, in addition to being more risk-informed, ensures that material containing radioactive material would August 6, 2024
L. Brayboy not be held in storage for extended periods of time (i.e., licensees would not use decay in storage as a possible long-term disposal option). Although a specific number of half-lives is no longer required, restricting half-lives to 120 days or less ensures that sufficient decay occurs in a relatively short amount of time prior to disposal of the material (e.g., 10 half-lives of Selenium-75 (120 days) is approximately 3.25 years; 10 half-lives of Ge-68 (271 days) is more than 7 years).
The NRC staff also notes that the 120-day requirement is linked to the decommissioning financial assurance regulations. Specifically, 10 CFR 30.35 dictates that financial assurance considerations are only required for radionuclides with a half-life greater than 120 days.
Radionuclides with a half-life less than or equal to 120 days, such as those that are approved for decay-in-storage, are not required to be considered by a licensee when estimating decommissioning costs. Thus, adopting a 275-day decay-in-storage requirement would result in the long-term storage of materials that are not covered in a licensees decommissioning funding plan and would create a gap in the implementation of the financial assurance requirements across the National Materials Program.
In accordance with NRC regulations, materials with half-lives exceeding 120 days may still be considered for decay in storage; however, they must be evaluated on a case-by-case basis in accordance with 10 CFR 20.2002. Upon approval, individual licensees would then receive an exemption from the 120-day decay-in-storage regulation. The NRC does not permit blanket exemptions to regulatory requirements; those changes would instead be more appropriate through the rulemaking process.
Accordingly, Agreement States must adopt the elements of the regulation that embody the basic health and safety aspects of the NRCs program elements and include these requirements in their corresponding regulation.
Please find enclosed a copy of the North Carolina State Regulation Status (SRS) Data Sheet which summarizes our knowledge of the status of this and other North Carolina regulations to date. Please let us know if you note any inaccuracies or have any comments on the information contained in the SRS Data Sheet. This letter, including the SRS Data Sheet, is posted on the NMSS State Communication Portal: https://scp.nrc.gov/rulemaking.html.
If you have any questions regarding the 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
Enclosure:
North Carolina SRS Sheet Signed by Giantelli, Adelaide on 08/06/24
STATE REGULATION STATUS State: North Carolina Tracking Ticket Number: 24-27 Date: August 6, 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 No Comments 8/18/00 North Carolina 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 North Carolina 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 10/25/1995 1991-4 Notification of Incidents Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980 10/15/1994 Final No Comments 08/18/2000 1992-1 Quality Management Program and Misadministrations Part 35 56 FR 34104 (Superseded by 2002-2) 01/27/1995 Final No Comments 08/18/2000 North Carolina has not yet 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.
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, 40 58 FR 39628 10/25/1996 Final No Comments 08/18/2000 1993-2 Licensing and Radiation Safety Requirements for Irradiators Part 36 58 FR 7715 07/01/1996 Final No Comments 08/18/2000 1993-3 Definition of Land Disposal and Waste Site QA Program Part 61 58 FR 33886 07/22/1996 Final No Comments 08/18/2000 1994-1 Self-Guarantee as an Additional Financial Mechanism Parts 30, 40, 70 58 FR 68726; 59 FR 1618 none Final No Comments 08/18/2000 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 North Carolina does not have authority to regulate this material under its Agreement.
1994-3 Timeliness in Decommissioning Material Facilities Parts 30, 40, 70 59 FR 36026 08/15/1997 Final No Comments 08/18/2000 1995-1 Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for Medical Use Parts 30, 32, 35 59 FR 61767; 59 FR 65243; 60 FR 322 01/01/1998 Final No Comments 08/18/2000
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1995-2 Frequency of Medical Examinations for Use of Respiratory Protection Equipment Part 20 60 FR 7900 03/13/1998 Final No Comments 08/18/2000 1995-3 Low-Level Waste Shipment Manifest Information and Reporting Parts 20, 61 60 FR 15649; 60 FR 25983 03/01/1998 Final No Comments 08/18/2000 1995-4 Performance Requirements for Radiography Equipment Part 34 60 FR 28323 (Superseded by 1997-5) 06/30/1998 Final No Comments 08/18/2000 North Carolina has adopted Final Regulations equivalent to RATS ID:
1997-5.
1995-5 Radiation Protection Requirements: Amended Definitions and Criteria Parts 19, 20 60 FR 36038 08/14/1998 Final No Comments 08/18/2000 1995-6 Clarification of Decommissioning Funding Requirements Parts 30, 40, 70 60 FR 38235 11/24/1998 Final No Comments 08/18/2000 1995-7 Medical Administration of Radiation and Radioactive Materials Parts 20, 35 60 FR 48623 (Superseded by 2002-2 and 2005-2) 10/20/1998 Final No Comments 08/18/2000 North Carolina has not yet adopted Final Regulations equivalent to RATS IDs: 2002-2 and 2005-2.
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1996-1 Compatibility with the International Atomic Energy Agency Part 71 60 FR 50248; 61 FR 28724 (Superseded by 2004-1) 04/01/1999 Final No Comments 08/18/2000 North Carolina 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, 70 61 FR 1109 02/15/1999 Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility.
1996-3 Termination or Transfer of Licensed Activities:
Record keeping Requirements Parts 20, 30, 40, 61, 70 61 FR 24669 06/17/1999 Final No Comments 08/18/2000 1997-1 Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air Act Part 20 61 FR 65120 01/9/2000 Final No Comments 08/18/2000 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 No Comments 08/18/2000 1997-3 Criteria for the Release of Individuals Administered Radioactive Material Parts 20, 35 62 FR 4120 05/29/2000 Final No Comments 08/18/2000 1997-4 Fissile Material Shipments and Exemptions Part 71 62 FR 5907 (Superseded 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)
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1997-5 Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiography Operations Parts 30, 34, 71, 150 62 FR 28947 06/27/2000 Final No Comments 08/18/2000 1997-6 Radiological Criteria for License Termination Parts 20, 30, 40, 70 62 FR 39057 08/20/2000 Final No Comments 08/18/2000 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 08/18/2000 1998-1 Deliberate Misconduct by Unlicensed Persons Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773 02/12/2001 Final ML061990608 No Comments 08/15/2006 ML062280005 1998-2 Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing Licensees Parts 30, 40, 70 63 FR 29535 07/01/2001 Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility.
1998-3 License Term for Medical Use Licenses Part 35 63 FR 31604 (Superseded by 2002-2) 07/10/2001 Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility. (See STP-98-074) 1998-4 Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiographic Operations Part 34 63 FR 37059 07/09/2001 Final ML062840118 No Comments 10/23/2006 ML062970032
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1998-5 Minor Corrections, Clarifying Changes, and a Minor Policy Change Parts 20, 32, 35, 36, 39 63 FR 39477; 63 FR 45393 10/26/2001 Final ML061990608 No Comments 08/15/2006 ML062280005 1998-6 Transfer for Disposal and Manifests: Minor Technical Conforming Amendment Part 20 63 FR 50127 11/20/2001 Final ML042320535 No Comments 09/02/2004 ML042460091 1999-1 Radiological Criteria for License Termination of Uranium Recovery Facilities Part 40 64 FR 17506 06/11/2002 Not Applicable Not Applicable North Carolina does not have 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 ML061990608 No Comments 08/15/2006 ML062280005 2000-1 Energy Compensation Sources for Well Logging and Other Regulatory Clarifications Part 39 65 FR 20337 05/17/2003 Final ML061990608 Proposed ML22097A255 No Comments 08/15/2006 ML062280005 No Comments 05/12/2022 ML22097A252 NC submitted regulations that incorporate 10 CFR Part 39 by reference.
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2000-2 New Dosimetry Technology Parts 34, 36, 39 65 FR 63750 01/08/2004 Final ML061990608 Proposed ML22097A255 No Comments 08/15/2006 ML062280005 No Comments 05/12/2022 ML22097A252 2001-1 Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct Material Parts 30, 31, 32 65 FR 79162 02/16/2004 Final ML14071A189 Comments 05/13/2014 ML14071A146 2002-1 Revision of the Skin Dose Limit Part 20 67 FR 16298 04/05/2005 Final ML061790305 No Comments 08/04/2006 ML062160419 2002-2 Medical Use of Byproduct Material Parts 20, 32, 35 67 FR 20249 10/24/2005 Final ML14071A189 Comments 05/13/2014 ML14071A146 2003-1 Financial Assurance for Materials Licensees Parts 30, 40, 70 68 FR 57327 12/03/2006 Final ML061790305 No Comments 08/04/2006 ML062160419 2004-1 Compatibility With IAEA Transportation Safety Standards and Other Transportation Safety Amendments Part 71 69 FR 3697 10/01/2007 Final ML14071A189 No Comments 05/13/2014 ML14071A146 2005-1 Security Requirements for Portable Gauges Containing Byproduct Material Part 30 70 FR 2001 07/11/2008 License Condition ML081680728 No Comments 06/30/2008 ML081820320
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2005-2 Medical Use of Byproduct Material - Recognition of Specialty Boards Part 35 70 FR 16336; 71 FR 1926 04/29/2008 Final ML081680728 No Comments 06/30/2008 ML081820320 2005-3 Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090) 70 FR 72128 12/01/2005 License Condition ML052720130 No Comments 10/04/2005 ML052780077 2006-1 Minor Amendments Parts 20, 30, 32, 35, 40 and 70 71 FR 15005 03/27/2009 Final ML14071A189 No Comments 05/13/2014 ML14071A146 2006-2 National Source Tracking System - Serialization Requirements Part 32 with reference to Part 20 Appendix E 71 FR 65685 02/06/2007 Not Applicablei Not Applicable North Carolina responded on 02/16/2007 to FSME-06-110 stating that they currently had no licensees applicable to this rule.
ML070460135 2006-3 National Source Tracking System Part 20 71 FR 65685, 72 FR 59162 01/31/2009 License Condition ML081680728 No Comments 06/30/2008 ML081820320 2007-1 Medical Use of Byproduct Material - Minor Corrections and Clarifications Parts 32 and 35 72 FR 45147, 54207 10/29/2010 Final ML14071A189 Comments 05/13/2014 ML14071A146 2007-2 Exemptions From Licensing, General Licenses, and Distribution of Byproduct Material: Licensing and Reporting Requirements Parts 30, 31, 32, 150 72 FR 58473 12/17/2010 Final ML14071A189 Comments 05/13/2014 ML14071A146
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, 150 72 FR 55864 11/30/2010 Final ML14071A189 Comments 05/13/2014 ML14071A146 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 ML080660061 No Comments 03/20/2008 ML080800385 2008-1 Occupational Dose Records, Labeling Containers, and Total Effective Dose Equivalent Parts 19, 20 72 FR 68043 02/15/2011 Final ML14071A189 Comments 05/13/2014 ML14071A146 2009-1 Medical Use of Byproduct Material - Authorized User Clarification Part 35 74 FR 33901 09/28/2012 Final ML14071A189 No Comments 05/13/2014 ML14071A146 2011-1 Decommissioning Planning Parts 20, 30, 40, 70 76 FR 35512 12/17/2015 Proposed ML14164A277 Final ML17187A158 Comments 08/19/2014 ML14162A412 Comments 09/06/2017 ML17187A129
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2011-2 Licenses, Certifications, and Approvals for Materials Licensees Parts 30, 36, 39, 40, 70, and 150 76 FR 56951 11/14/2014 Proposed ML14164A277 Final ML17187A158 Proposed ML22097A255 Comments 08/19/2014 ML14162A412 Comments 09/06/2017 ML17187A129 No Comments 05/12/2022 ML22097A252 NC submitted regulations incorporating 10 CFR Part 39 by reference only 2012-1 Change of Compatibility of 10 CFR 31.5 and 31.6 (See RATS ID: 2001-1 for Rule text) 77 FR 3640 01/25/2015 Final ML14071A189 Revised Final ML15335A403 Revised Final ML17187A158 Comments 08/19/2014 ML14162A412 No Comments 01/13/2016 ML15335A397 No Comments 09/06/2017 ML17187A129 2012-2 Advance Notification to Native American Tribes of Transportation of Certain Types of Nuclear Waste Part 71 77 FR 34194 08/10/2015 Proposed ML14164A277 Final ML17187A158 No Comments 08/19/2014 ML14162A412 No Comments 09/06/2017 ML17187A129
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2012-3 Technical Corrections Parts 30, 34, 40 and 71 77 FR 39899 08/06/2015 Proposed ML14164A277 Final ML17187A158 Comments 08/19/2014 ML14162A412 No Comments 09/06/2017 ML17187A129 2012-4 Requirements for Distribution of Byproduct Material Parts 30, 31, 32, 40 and 70 77 FR 43666 10/23/2015 Proposed ML14164A277 Final ML17187A158 Comments 08/19/2014 ML14162A412 Comments 09/06/2017 ML17187A129 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 Proposed LC ML15202A281 Final ML17187A158 Proposed ML22097A255 Proposed ML22298A006 Comment 09/08/2015 ML15202A215 Comments 09/06/2017 ML17187A129 No Comments 05/12/2022 ML22097A252 No Comments 12/01/2022 ML22298A005 License Condition addresses Part 37 requirements only.
NC submitted regulations incorporating 10 CFR Part 39 by reference.
NC submitted regulations incorporating 10 CFR Parts 34 and 37 by reference.
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2013-2 Distribution of Source Material to Exempt Persons and to General Licensees and Revision of General License and Exemptions Parts 30, 40, and 70 78 FR 32310 08/27/2016 Proposed ML15335A403 Final ML17187A158 Comments 01/13/2016 ML15335A397 Comments 09/06/2017 ML17187A129 2015-1 Domestic Licensing of Special Nuclear Material -
Written Reports and Clarifying Amendments Part 70 79 FR 57721, 80 FR 143 01/26/2018 Proposed ML15335A403 Final ML17187A158 Comments 01/13/2016 ML15335A397 Comments 09/06/2017 ML17187A129 2015-2 Safeguards Information - Modified Handling Categorization, Change for Materials Facilities Parts 30, 37, 73, and 150 79 FR 58664, 80 FR 3865 01/28/2018 Proposed ML15335A403 Final ML17187A158 Proposed ML22298A006 Comments 01/13/2016 ML15335A397 Comments 09/06/2017 ML17187A129 No Comments 12/01/2022 ML22298A005 NC submitted regulations incorporating 10 CFR Part 37 by reference only.
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 Proposed ML15335A403 Final ML17187A158 Comments 01/13/2016 ML15335A397 Comments 09/06/2017 ML17187A129
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2015-4 Miscellaneous Corrections Parts 37 and 40 80 FR 45841 09/02/2018 Proposed ML15335A403 Final ML17187A158 Comments 01/13/2016 ML15335A397 No Comments 09/06/2017 ML17187A129 2015-5 Miscellaneous Corrections Parts 19, 20, 30, 32, 37, 40, 61, 70, 71, and 150 80 FR 74974 12/31/2018 Final ML17187A158 No Comments 09/06/2017 ML17187A129 2018-1 Medical Use of Byproduct Material - Medical Event Definitions, Training and Experience, and Clarifying Amendments Parts 30, 32 and 35 01/14/2022 2018-2 Miscellaneous Corrections -
Organizational Changes Parts 37, 40, 70 and 71 12/21/2021 Proposed ML22298A006 No Comments 12/01/2022 ML22298A005 NC submitted regulations incorporating 10 CFR Part 37 by reference only.
2018-3 Miscellaneous Corrections Parts 1, 2, 34, 37, 50, 71, 73, and 140 07/30/2022 Proposed ML22298A006 Comments 12/01/2022 ML22298A005 NC submitted regulations incorporating 10 CFR Parts 34 and 37 by reference only.
2019-1 Miscellaneous Corrections Parts 2, 21, 37, 50, 52, 73, and 110 12/18/2022 Proposed ML22298A006 Comments 12/01/2022 ML22298A005 NC submitted regulations incorporating 10 CFR Part 37 by reference only.
2019-2 Organizational Changes and Conforming Amendments Parts 1, 2, 37, 40, 50, 51, 52, 55, 71, 72, 73, 74, 100, 140, and 150 12/30/2022 Proposed ML22298A006 No Comments 12/01/2022 ML22298A005 NC submitted regulations incorporating 10 CFR Part 37 by reference only.
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2020-1 Individual Monitoring Devices 10 CFR Parts 34, 36, and 39 06/16/2023 Proposed ML22097A255 Proposed ML22298A006 No Comments 05/12/2022 ML22097A252 No Comments 12/01/2022 ML22298A005 NC submitted regulations incorporating 10 CFR Part 39 by reference only.
NC submitted regulations incorporating 10 CFR Part 34 by reference only.
2020-2 Social Security Number Fraud Prevention 10 CFR Parts 9 and 35 08/17/2023 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 Proposed ML22298A006 Proposed ML23102A012 No Comments 12/01/2022 ML22298A005 No Comments 05/16/2023 ML23102A011 NC submitted regulations incorporating 10 CFR Parts 34 and 61 by reference only.
NC submitted regulations incorporating 10 CFR Parts 19 and 20 by reference only.
2021-1 Miscellaneous Corrections 10 CFR Parts 2, 11, 20, 25, 32, 35, 37, 50, 52,55, 70, 72, 73, 95, and 110 09/08/2024 Proposed ML22298A006 Proposed ML23102A012 No Comments 12/01/2022 ML22298A005 No Comments 05/16/2023 ML23102A011 NC submitted regulations incorporating 10 CFR Part 37 by reference only.
NC submitted regulations incorporating 10 CFR Part 20 by reference only.
2021-2 Miscellaneous Corrections 10 CFR Parts 9, 37, 40, 50, 51, 52, 55, 71, 73, and 110 12/30/2024 Proposed ML22298A006 No Comments 12/01/2022 ML22298A005 NC submitted regulations incorporating 10 CFR Part 37 by reference only.
2022-1 Miscellaneous Corrections 10 CFR 1, 2, 20, 30, 40, 50, 55, 70, 73, and 170 none Provisions are not required for compatibility.
2022-2 Miscellaneous Corrections 10 CFR Parts 20, 35, 50, 51, 52, 72, 73, 110, and 150 none Provisions are not required for compatibility.
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2023-1 Miscellaneous Corrections 10 CFR PARTS 1, 2, 26, 32, 40, 50, 51, 52, 72, and 73 09/25/2026 NA 10 CFR Parts 34, 37, and 61 NA Proposed ML22298A006 Comments 12/01/2022 ML22298A005 NC submitted regulations incorporating 10 CFR Parts 34, 37, and 61 by reference.
NA 10 CFR Parts 19 and 20 NA Proposed ML23102A012 Comments 05/16/2023 ML23102A011 NC submitted regulations incorporating 10 CFR Parts 19 and 20 by reference.
NA 10 CFR Parts 30, 31, 32, 33, 35, 36, 40, and 70 NA Proposed ML23290A068 Comments 12/20/2023 ML23324A317 NC submitted revisions to previously proposed regulations that adopt parts 30, 31, 32, 33,35,36,40 and 70 by reference.
- NA Proposed license condition for Decay-in-Storage regulation (Decay-in-Storage Regulation Exemption Request)
Proposed LC ML24164A252 Comments 08/06/2024 ML24164A228 i IMPEP Team: verify that North Carolina does not have any licensees subject to these regulations during each review.
Ltr ML24178A044 OFFICE NMSS/MSST/SLPB OGC/LHE/MFW NMSS/REFS/RRPB NMSS/MSST/SMPB NAME AWhite EAnderson SSahle AGiantelli DATE Aug 5, 2024 Aug 5, 2024 Aug 6, 2024 Aug 6, 2024