November 16, 2001

Mr. Robert W. Goff, Director

Division of Radiological Health

State Department of Health

3150 Lawson Street, P.O. Box 1700

Jackson, MS 39215-1700

Dear Mr. Goff:

As requested, we have reviewed the proposed Regulations for Control of Radiation in

Mississippi sent February 16, 2001. The undated proposed regulations are in Part 801, Section

A, General Provisions; Section C, Licensing of Radioactive Material; Section D, Standards for

Protection Against Radiation; Section E, Industrial Radiographic Operations; Section Q,

Licensing and Radiation Safety Requirements for Irradiators; and Section T, Transportation of

Radioactive Materials. The proposed regulations are in response to the 26 amendments

identified in the enclosed State Regulation Status (SRS) Data Sheet. In addition, we reviewed

our August 2, 1996, letter to you that addressed RATS ID 1993-2 and 1994-1, and confirmed

the final regulations from the 1994 review. The regulations were reviewed by comparison to the

equivalent NRC regulations in 10 CFR Parts 20, 30, 34, 35, 36, 39, 40, 61, 70, 71, and 150. 

We also discussed our review of the regulations with Mr. B. J. Smith on March 22, 2001. 

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

In addition, we have four editorial comments that are also Enclosed. 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 a State regulation meets the compatibility and health and

safety categories of the equivalent NRC regulation may only be made based on a review of the

final State regulation. However, we have determined that if your proposed regulations were

adopted incorporating the comments and without other significant change, they would meet the

compatibility and health and safety categories established in Office of State and Tribal

Programs (STP) Procedure SA-200.

We request that when the proposed regulations are adopted and published as final regulations,

a copy of the ìas publishedî regulations be provided to us for review. As requested in STP

Procedure SA-201, Review of State Regulations (November 10, 1998), please highlight the final

changes and send one copy in a computer readable format, if possible.

The State Regulation Status summarizes our knowledge of the status of other Mississippi

regulations as indicated. This letter including the Status is posted on the STP Web Site: 

http://www.hsrd.ornl.gov/nrc/rulemaking.htm.
Robert W. Goff - 2 - November 16, 2001

If you have any questions regarding the comments, the compatibility and health categories,

or any of the NRC regulations used in the review, please contact me at (301) 415-2325 or

Richard L. Woodruff of the Region II office at (404) 562-4704 or rlw@nrc.gov.

Sincerely,

/RA/

Frederick C. Combs, Deputy Director

Office of State and Tribal Programs

Enclosures:

As stated
Robert W. Goff - 2 - November 16, 2001

Distribution:

DIR RF [1-48] DCD (SP06) PDR (YES)

SSalomon, ASPO

SCDrogittis

BGUsilton

Mississippi File Response to Incoming Document: ML010590507

DOCUMENT NAME: C:\Program Files\Adobe\Acrobat 4.0\PDF Output\1-48.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 RII STP E OGC STP:DD

NAME RWoodruff:pc/gd:kk JZabko STreby FCombs

DATE 04/04/01 10/01/01 11/02/01 11/16/01

STP-AG-15
COMMENTS ON PROPOSED MISSISSIPPI REGULATIONS

AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES

State

Regulation

NRC

Regulation

RATS

 ID 

Category Subject and Comments

801.T.16 71.88 1996-1 B Air Transportation of Plutonium

Paragraphs (a), (b), and (c) omit the word ìorî

placed at the end of each paragraph. This word

is required to keep each condition as a separate

condition (only one condition needs to be met).

The word ìorî must be inserted to meet the

compatibility category.

801.T.

Appendix A

Table VI

Part 71,

Appendix A

Table A-3

1996-1 B Activity-Mass Relationships for Uranium

Footnote number 1 to Table VI lists the

incorrect isotope (uranium-235). The isotope

should be uranium-234.

The correct isotope should be used to meet the

compatibility category.

801E5(h) 34.13 (h) 1998-4 B Specific License for Industrial Radiography

This section is missing the qualifications of the

person that performs the testing in contrast to

the person who analyzes them.

The wording needs to be altered to reflect the

wording of 34.13 (h)

801E15(c) 34.20 1998-4 B Performance Requirements for Radiography

Equipment

The reference to the need for a collimator

needs to be removed to meet compatibility. 
Editorial Comments

1. 801.D.3 definition of ìQuarterî- replace ìprovidingî with ìprovided.î

2. 801.D.906(b)(2) replace ìlabeled 5 ì with ìlabeled 6" error in footnote numbering.

3. 801.D.1111 delete extra spaces between ìrecordsî and ìsuch as....î

4. 801.W.104 (a) - In paragraph (a) the term milliroentgen needs to be replaced with the

term millisieverts (mSv) and millirem (mrem) to be consistent with other parts of the

regulations.
STATE REGULATION STATUS

State: Mississippi[26 proposed amendments (2/16/01) reviewed are identified Tracking Ticket Number: by a  at the beginning of each equivalent NRC regulation] Date: November 16, 2001

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 P

ML010590

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

ML010590

 Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 P

ML010590

 Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1 P

ML010590

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

ML010590

 Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 P

ML010590

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 P

ML010590
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

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

ML010590

Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for Medical Use-Parts 30, 32, 35

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

1995-1

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

ML010590

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

(3/1/98)

1995-3 P

ML010590

 Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 P

ML010590

 Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 P

ML010590

 Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 P

ML010590

Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7

 10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28723

(4/1/99)

1996-1 P

ML010590

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

ML010590

 Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air ActPart 20 61 FR 65120; (1/9/00) 1997-1 PML010590
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

 Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction

Within an Agreement State-Part 150

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

ML010590

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

ML010590

Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4 

 Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial

Radiography Operations-Parts 30, 34, 71, 150

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

ML010590

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

ML010590

 Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 PML010590 Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773

(2/12/01)

1998-1 P

ML010590

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 Industrial

Radiographic Operations-Part 34

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

ML010590

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

(10/26/01)

1998-5 P

ML010590

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

ML010590

Radiological 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 
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 Policy Statement on Adequacy and Compatibility of Agreement State Programs,î III.1. Time Frame for Adoption of Compatible State Regulations, p.6, SECY-95-112, May 3, 1995.

5. ADAMS ML Number

 Respiratory Protection and Controls to Restrict Internal Exposure-Part 20 64 FR 54543; 64 FR 55525

(2/2/03)

1999-3 P

ML010590

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) 2000-2