June 26, 2002

Mr. Thomas E. Hill, Manager

Radioactive Materials Program

Department of Natural Resources

4244 International Parkway, Suite 114

Atlanta, GA 30354

Dear Mr. Hill:

We have reviewed the final Georgia regulations, Rules and Regulations for Radioactive

Materials, Chapter 391-3-17, which were dated May 21, 2002. The final regulations covered

Section .01, General Provisions; Section .02, Licensing of Radioactive Material; Section .03,

Standards for Protection Against Radiation; Section .04, Special Radiation Safety

Requirements for Industrial Radiographic Operations; Section .05, Use of Radionuclides in the

Healing Arts; Section .06, Transportation of Radioactive Material; Section .07, Notices,

Instructions, and Reports To Workers; Section .09, Licensing and Radiation Safety

Requirements for Irradiators; and Section .11, Administration. The final regulations are in

response to the 16 amendments identified in the enclosed State Regulation Status (SRS) Data

Sheet, and proposed amendments to 10 CFR Part 35. Please note that we limited our review

to regulations required for compatibility and/or health and safety.

In regard to your analysis of the Nuclear Regulatory Commission (NRC) comments transmitted

to you by letter dated February 27, 2002, the following has been determined.

The NRC comment regarding the use of collimators has been withdrawn. Following

discussions with the Office of the General Counsel and the Office of Nuclear Material

Safety and Safeguards, a compatibility resolution (CR-02-01) has been issued and is

enclosed.

The NRC comment regarding vehicle markings during radioactive material transport has

also been withdrawn. After review of the Suggested State Regulation and 10 CFR Part

71, it has been determined that it is not a compatibility issue.

We have no new comments. There are six comments that you did not address from our letter

dated February 27, 2002. We understand that you intend to address these comments in your

next rulemaking, which will include a revision of your medical rules to be compatible with the

new 10 CFR Part 35. Some of these comments, related to Georgia’s medical rules, may not be

applicable after you incorporate the new Part 35. We request that you submit your revised

medical rules for our review. 
Thomas E. Hill 2 June 26, 2002

The SRS Data Sheet summarizes our knowledge of the status of other Georgia regulations as

indicated. 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 Mr. John Zabko of my staff at (301) 415-2308 or

JGZ@NRC.GOV.

 Sincerely,

 /RA/

 Josephine M. Piccone, Deputy Director

 Office of State and Tribal Programs

Enclosures:

As stated
Thomas E. Hill 2 June 26, 2002

Distribution:

DIR RF [2-106] DCD (SP06) PDR (YES_)

SDroggitis

CMaupin/ASPO

Georgia File Response to Incoming Document: ML021540172

DOCUMENT NAME: G:\JGZ\Georgia\(2-106).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 STP OGC STP:DD

NAME JGZabko:kk:gd JLieberman JMPiccone

DATE 06/06/02 06/20/02 06/7/02; 06/26/02

 OFFICIAL RECORD COPY 

 
CR - 02-01

SSR/10 CFR 34.20 COMPATIBILITY RESOLUTION

REQUIREMENT TO USE COLLIMATORS IN INDUSTRIAL RADIOGRAPHY

ISSUE:

The Mississippi Regulations and Suggested State Regulations (SSR) for industrial radiography

require, in part, that “except when physically impossible, collimators shall be used in industrial

radiographic operations that use radiographic exposure devices that allow the source to be

moved out of the device.” There is no comparable requirement in 10 CFR 34, “Licenses for

Industrial Radiography and Radiation Safety Requirements for Industrial Radiographic

Operations.”

DISCUSSION:

The requirement to use collimators, whenever possible, in the SSR and State regulations dates

back 15, or more, years. Many States, principally those who have large numbers of radiography

licensees and significant regulatory experience with radiography operations, have adopted this

requirement either by regulation or by license condition. 

The rationale used by State regulatory authorities to require the use of collimators is based on,

in part, the concept of decreasing worker exposure by limiting the projected beam’s direction and

area. Although NRC has known of the State’s use of this ALARA requirement for many years,

NRC has not adopted an equivalent requirement. During the major revision of 10 CFR Part 34

in the mid-1990's, NRC considered, but decided not to include use of collimators in Part 34, and

it appears no comments were received to include this requirement in Part 34. NRC understands

that use of collimators is “good” practice and did not see a health and safety need to add such

usage as a prescriptive requirement.

At issue is the difference between the State of Mississippi’s requirement to use collimators when

performing radiography and NRC’s radiography regulations which do not. There is no NRC

equivalent to the Mississippi requirement. Mississippi’s requirement is a use condition found in

Section 801E15(c), “Conducting Industrial Radiographic Operations.” The NRC equivalent for

Section 801E15(c) is 10 CFR 34.41 with a Compatibility Category “B,” indicating a program

element with significant direct transboundary implications. The State’s program element should

be essentially identical to that of NRC. Also, the Mississippi regulations are based on the SSR

for radiography.

No undue burden is placed on licensees as a result of the SSR or Mississippi requirement. 

There is no undue “transboundary” impact on Mississippi licensees who operate under

reciprocity in NRC or other jurisdictions, or for licensees from NRC or other jurisdictions

operating in Mississippi. The low cost of collimators, about $150, hardly presents an undue or

un-necessary operating cost to a licensee. 

 
OBSERVATIONS/CONCLUSION:

1. The use of collimators, either voluntary or required, is a good ALARA practice. The use of

collimators reduces worker exposure. 

2. The use of collimators permits radiography operations in smaller areas. 

3. The use of collimators is not cost prohibitive. A small tungsten collimator costs between

$100 to $200. It is not an undue burden to purchase one, or several, and use them. 

4. Today, the use of collimators is generally accepted as “good” practice in radiography

operations. The use of collimators is an integral part of safe operations and is routinely used

in industry. As part of the license application process, NRC licensees address the use of

collimators in training and operating procedures as part of the effort to maintain worker and

public exposure ALARA.

5. The staff notes that the requirement for collimators does not result in a regulation which is

less restrictive than NRC’s regulation and does not result in any significant transboundary

impact. 

Because of the above, especially the wide spread use of collimators in industry, we find that

there is no compatibility issue associated with the difference between NRC’s regulations, the

State of Mississippi’s requirement and the current version of the SSR on use of collimators.

4/4/02 RA By Susan M. Frant for

_____________ ______________________________

Date Donald A. Cool, Director

Industrial & Medical Nuclear Safety/NMSS

3/27/02 RA

_____________ ______________________________

Date Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

3/27/02 RA

______________ ______________________________

Date Stuart A. Treby, Assistant General

 for Rulemaking and Fuel Cycle

Office of the General Counsel
COMMENTS ON PROPOSED GEORGIA REGULATIONS

AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES

State

Regulation

NRC

Regulation

RATS

 ID 

Category Subject and Comments

.03(8)(b)(1)(ii) 20.1502(a)(2) 1999-3 D/H&S Conditions Requiring Individual Monitoring

of External and Internal Occupational Dose

The State regulation does not specify the deep

dose equivalent above which minors must be

monitored for occupational exposure.

The State needs to include this limit.

.03(5)(h)4 20.1208(d) 1998-5 A Dose Equivalent to an Embryo/Fetus

The 0.45 rem dose equivalent is more

restrictive than the 0.50 rem dose equivalent

found in NRC regulations.

To be considered compatible, the State limit

may not be more restrictive than 20.1208 (d).

.05(6)(k) 35.32 (none) D/H&S Quality Management Program

Georgia does not allow the use of an oral

directive or revision in emergencies.

The State needs to include the use of oral

directives.

.05(7)(g)(4), (7) 35.59(d), (g) (none) D/H&S Requirement for Possession of Sealed

Sources

The State does not require that the name of the

person conducting the leak test and the

methodology used to be recorded.

The objectives of this section include the safe

maintenance of sources and the prevention of

accidental exposures caused by leakage. To

meet these objectives, sources must be

periodically tested for leaking and the data from

those tests must be recorded. The name of the

person conducting the test and the

methodology used must also be recorded to

ensure the reliability and accountability. The

State needs to include this requirement.
State

Regulation

NRC

Regulation

RATS

 ID 

Category Subject and Comments

.05(15)(r) 35.641

 

(none) D/H&S Radiation Surveys for Teletherapy Facilities

The State regulation does not indicate what

methods must be used to conduct the survey. It

also omits the requirement that a teletherapy

source be locked in the off position and not

used if excessive dosages are measured.

The State needs to include these requirements.

 .05(15)(n) 35.636 (none) D/H&S Safety Checks for Teletherapy Facilities

Georgia has deleted this section from its

regulations.

The State needs to place this section back into

its rules.
STATE REGULATION STATUS

State: Georgia [16 amendments reviewed are identified by a  Trac

at the beginning of each equivalent NRC regulation.] Date

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 F 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 F 

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 F 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 

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 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 P 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 

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 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

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 28724

(4/1/99)

1996-1 F 

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 F

ML021540

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air ActPart 20 61 FR 65120; (1/9/00) 1997-1 FML021540

Recognition of Agreement State Licenses in Areas Under Exclusive Federal JurisdictionWithin an Agreement State-Part 150

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

ML021540

Criteria for the Release of Individuals Administered Radioactive Material-Parts 20, 35 62 FR 4120; (5/29/00) 1997-3 F

ML021540

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 28947; (6/27/00) 1997-5 F

ML021540

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6 F

ML021540

Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 FML021540

Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 150 63 FR 1890; 63 FR 13773

(2/12/01)

1998-1 F

ML021540

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 F

ML021540

Minor Corrections, Clarifying Changes, and a Minor Policy Change-Parts 20, 35, 36 63 FR 39477; 63 FR 45393

(10/26/01)

1998-5 F

ML021540

Transfer for Disposal and Manifests: Minor Technical Conforming Amendment-Part 20 63 FR 50127; (11/20/01) 1998-6 F

ML021540
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 “Yes,” there are comments in the review letter that the State needs to address. 

N means “No,” 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: “Final 

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

1995. 

5. ADAMS ML Number

Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1 F

ML021540

Requirements for Those Who Possess Certain Industrial Devices Containing ByproductMaterial to 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 F

ML021540

Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part 39 65 FR 20337; (5/17/03) 2000-1 F

ML021540

New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2 F

ML021540

Requirements for Certain Generally Licensed Industrial Devices Containing ByproductMaterial-Parts 30, 31, 32

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

ML021540

Revision of the Skin Dose Limit-Part 20 67 FR 16298; (4/5/05) 2002-1Medical Use of Byproduct Material-Parts 20, 32, and 35 67 FR 20249; (4/24/05) 2002-2