August 29, 2002

Mr. Robert P. Hannah, Administrator

Office of Environmental Assessment

Department of Environmental Quality

P.O. Box 82178

Baton Rouge, LA 70884-2178

Dear Mr. Hannah:

As requested, we have reviewed the final regulations log #RP029, to the Louisiana

Administrative Code, Title 33, Part XV, Radiation Protection. The regulations were received in

our office on August 7, 2002, with a damaged disk, due to irradiation of the mail. Replacement

regulations were downloaded on August 12, 2002 from your web site. The final regulations are

in response to the one amendment identified in the enclosed State Regulation Status (SRS)

Data Sheet. The regulations were reviewed by comparison to the equivalent NRC regulations

in 10 CFR Part 20. We discussed our review of the regulations with Mr. Eddie Stelly of your

staff on August 15, 2002. 

As a result of our review, we have no comments on the rule sections contained in RP029. 

Please note that the changes contained in RP029 do not cover all of the requirements of

Amendment 64 FR 54543, “Respiratory Protection and Controls to Restrict Internal Exposures.” 

The requirements that were omitted are enclosed in the attached comment sheet. In order to

credit the State of Louisiana for this amendment, you will need to incorporate the additional

items and resubmit your rules for review. We have limited our review to regulations required

for compatibility and/or health and safety.

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

indicated. This letter including the SRS Data Sheet is posted on the Office of State and Tribal

Programs (STP) Web Site: http://www.hsrd.ornl.gov/nrc/rulemaking.htm. If you have any

questions regarding the compatibility and health categories, or any of the NRC regulations used

in the review, please contact me or John Zabko of my staff at 301-415-2308 or e-mail at

JGZ@NRC.GOV.

Sincerely,

/RA By Dennis M. Sollenberger Acting for/

Josephine Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
Robert P. Hannah August 29, 2002

Distribution:

DIR RF [2-197] DCD (SP08) PDR (YES_)

SDroggitis

BUsilton

KSchneider, ASPO

Louisiana File Response to Incoming Document: ML022280310

DOCUMENT NAME: G:\JGZ\Louisiana\2-197.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 JLieberman

SATreby*

JMPiccone

(By DMSollenberger)

DATE 08/15/02 08/27/02

08/28/02*

08/21/02

08/29/02

 OFFICIAL RECORD COPY
COMMENTS ON FINAL LOUISIANA REGULATIONS

AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES

State

Rule

Section

NRC

Section

RATS

ID #

Category Subject and Comments

440 (a) 20.1701 1999-3 D H/S USE OF PROCESS OR OTHER ENGINEERING

CONTROLS

In 20.1701, the word “decontamination” is added to the list

of examples of process or engineering controls that

licensees should consider for controlling the concentration

of radioactive material in air. The State has not made this

change.

This item needs to be included to meet compatibility.

441 (4) 20.1702

(a)(4)(b)

1999-3 D H/S USE OF OTHER CONTROLS

This section was revised to clarify that if a licensee

performs an ALARA analysis to determine whether or not

respirators should be used, the licensee may consider

safety factors other than radiological. The State does not

have this section.

The State needs to include this section to meet

compatibility.

442 20.1703

(c)

(6) 

20.1703

(f) & (g).

1999-3 D H/S USE OF INDIVIDUAL RESPIRATORY PROTECTION

EQUIPMENT

This section defines the minimum respiratory protection

program expected of any licensee who assigns or permits

the use of respirators to limit intake. The State does not

include the provisions in 20.1703(c)(6), 20.1703 (f) & (g).

The State needs to include these sections to meet

compatibility.
STATE REGULATION STATUS

State: Louisiana[One amendment reviewed is identified by a Trackat 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 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 65243;60 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 28724;

(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 FML011510Recognition 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 28947; (6/27/00) 1997-5 F

ML020280

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (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 “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

 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 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

ML022280

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 63750; (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

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