February 15, 2002

Mr. Michael Henry, Senior Environmental Scientist

Permits Division

Office of Environmental Services

Department of Environmental Quality

7220 Bluebonnet Road

P.O. Box 82135

Baton Rouge, Louisiana 70884-2135

Dear Mr. Henry:

We have reviewed the final Louisiana regulations, Log #RP027, to the Louisiana Administrative

Code, Title 33, Part XV, Radiation Protection, which became effective on August 20, 2001. The

regulations were sent on August 14, 2001 by letter from Robert P. Hannah. The final

regulations are in response to the two amendments identified in the enclosed State Regulation

Status (SRS) Data Sheet. The regulations were reviewed by comparison to the equivalent NRC

regulations in 10 CFR Parts 30, 34, 71, and 150. In addition, we reviewed our April 13, 2001

letter to you that addressed the proposed regulations. We also discussed our review of the

regulations with Sharon Parker on November 26, 2001.

As a result of the NRC review, we have identified three comments, as enclosed. These

comments must be addressed to meet the compatibility and health and safety categories

established in Office of State and Tribal Programs (STP) Procedure SA-200.

The SRS Data Sheet summarizes our knowledge of other Louisiana regulations. 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 STP Web Site:

http://www.hsrd.ornl.gov/nrc/rulemaking.htm. 

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 me or Linda

McLean of NRC Region IVís office at (817) 860-8116 or mlm1@nrc.gov.

Sincerely,

/RA By Paul H. Lohaus for/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
Michael Henry 2 February 15, 2002

Distribution:

DIR RF (1-173) DCD (SP08) PDR (YES_)

SDroggitis

BUsilton

KSchneider/ASPO

Louisiana File Response to Incoming Document: ML020280299

DOCUMENT NAME: G:\JGZ\Louisiana\(1-173)Louisiana.wpd

To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy

OFFICE RSAO:RIV STP OGC STP:DD

NAME MLMclean:kk

via E-Mail

JZabko STreby JPiccone

DATE 11/ 26 /01 01/11/02 02/05/02 02/14/02

 STP-AG-12
COMMENTS ON FINAL LOUISIANA REGULATIONS

AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES

State

Regulation

or SSR

NRC

Regulation

or SSR

RATS

ID

Category Subject and Comments

ß541 34.23 1997-5 B Locking of Sources of Radiation

Locking of sources not included in rule.

The State needs to include this to meet

compatibility.

ß577 34.47(a)(3) 1997-5 C Personnel Monitoring Control

Does not discuss replacement periods for TLDs

or OSLs, only for film badges.

The State needs to include this to meet

compatibility.

ß573 34.42(a)(2) 1997-5 D H&S Radiation Safety Officer for industrial

radiography.

The State only requires 40 hours of hands on

experience with industrial radiography, in the

training requirements for an RSO. 10 CFR 34.42

requires 2000 hours of hands on experience as

a qualified radiographer.

The State needs to adopt the essential

objectives of the 34.42 (a)
STATE REGULATION STATUS

State: Louisiana[Two amendments reviewed are identified by a  Tracking Ticket Number: 1-173

at the beginning of each equivalent NRC regulation.] Date: February 15, 2002 

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 ASNT Certification of Radiographers-Part 34 56 FR 11504; (none) 1991-2 

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; (1/1/94)

1991-3 P 

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1 Eliminating the Recordkeeping Requirements for Departures from Manufacturer's InstructionsParts 30,35 57 FR 45566; (none) 1992-2 

Decommissioning Recordkeeping and License Termination: Documentation Additions[Restricted areas and spill sites]-Parts 30, 40 

58 FR 39628; (10/25/96) 1993-1 P 

Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 Definition of Land Disposal and Waste Site QA Program-Part 61 58 FR 33886; (7/22/96) 1993-3 P Self-Guarantee as an Additional Financial Mechanism-Parts 30, 40, 70 58 FR 68726; 59 FR 1618

(none)

1994-1 F 

Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPA Standards-Part 40 59 FR 28220; (7/1/97) 1994-2 

Timeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3 F Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for MedicalUse-Parts 30, 32, 35

59 FR 61767; 59 FR 6524360 FR 322; (1/1/98)

1995-1 F 

Frequency of Medical Examinations for Use of Respiratory Protection Equipment-Part 20 60 FR 7900; (3/13/98) 1995-2 F 

Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983

(3/1/98)

1995-3 F 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 F Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 F Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 F Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 F * 10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28723

(4/1/99)

1996-1 F

ML020280

One Time Extension of Certain Byproduct, Source and Special Nuclear Materials LicensesParts 30, 40, 70 61 FR 1109; (none) 1996-2 

Termination or Transfer of Licensed Activities: Recordkeeping Requirements-Parts 20, 30, 40,61, 70

61 FR 24669; (6/17/99) 1996-3 P 

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air ActPart 20 61 FR 65120; (1/9/00) 1997-1 FML011510

Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Withinan Agreement State-Part 150

62 FR 1662; (2/27/00) 1997-2 F

ML011510

Criteria for the Release of Individuals Administered Radioactive Material-Parts 20, 35 62 FR 4120; (5/29/00) 1997-3 F Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4 

*Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiography Operations-Parts 30, 34, 71, 150

62 FR 28948; (6/27/00) 1997-5 F

ML020280

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39058; (8/20/00) 1997-6 F

ML011510

Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 F Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773

(2/12/01)

1998-1 F

ML011510

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing LicenseesParts 30, 40, 70 63 FR 29535; (none) 1998-2 

License Term for Medical Use Licenses-Part 35 63 FR 31604; (none) 1998-3 Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiographic Operations-Part 34

63 FR 37059; (7/9/01) 1998-4 P

ML010460
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

1. Or other generic Legally Binding Requirements.2. (Y/N) Y means ìYes,î there are comments in the review letter that the State needs to address. 

N means ìNo,î there are no comments in the review letter.

3. Not required means these regulations are not required for purposes of compatibility.4. A State need not adopt a specific regulation if the State has no licensees that would be subject to that regulation. See: ìFinal 

Adequacy and Compatibility of Agreement State Programs,î III.1. Time Frame for Adoption of Compatible State Regulations, p1995.

5. ADAMS ML Number

 Minor Corrections, Clarifying Changes, and a Minor Policy Change-Parts 20 63 FR 39477; 63 FR 45393

(10/26/01)

1998-5 F

ML011510

Transfer for Disposal and Manifests: Minor Technical Conforming Amendment-Part 20 63 FR 50127; (11/20/01) 1998-6Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1Requirements for Those Who Possess Certain Industrial Devices Containing Byproduct Materialto Provide Requested Information-Part 31

64 FR 42269; (none) 1999-2 

Respiratory Protection and Controls to Restrict Internal Exposure-Part 20 64 FR 54543; 64 FR 55524

(2/2/03)

1999-3

Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part 39 65 FR 20337; (5/17/03) 2000-1New Dosimetry Technology-Parts 34, 36, 39 65 FR 63749; (1/8/04) 2000-2Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct Material -Parts 30, 31, 32

65 FR 79162; (2/16/04) 2001-1