August 26, 2004

Ms. Barbara Romanowsky, Administrator

Office of Environmental Assessment

Department of Environmental Quality

602 N. 5th, P.O. Box 4313

Baton Rouge, LA 70821-4313

Dear Ms. Romanowsky:

We have reviewed the proposed regulation amendments to the Louisiana Administrative Code,

Title 33, Part XV, Radiation Protection, RP035, received by our office on July 1, 2004. Our

review and comments are in response to the State’s request for Nuclear Regulatory

Commission (NRC) evaluation of the changes to Louisiana Administrative Code that

incorporated the amendment identified on the States Regulation Status Data Sheet (SRS). 

These regulations were reviewed by comparison to the equivalent NRC rules in 10 CFR Parts

20, 30, 31, 32 and 36 and the requirements of the four amendments identified in the enclosed

SRS. We discussed our review of the regulations with Sharon Parker on June 26, 2004.

As a result of our review, we have one comment and one editorial suggestion. In addition, we

reviewed corrections to the Louisiana Administrative Code, Title 33, Part XV, Radiation

Protection, RP032, resulting from the seven comments in NRC letter dated July 31, 2003. As a

result of that review, we have no comments on the corrections made, but we note that four of

the seven comments were not addressed. We have included these four comments in a

separate chart for you. We understand that these comments will be addressed in a later rule

package proposed for this fall. 

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. Please provide a final amended version of your rules,

showing the location of any changes made, in response to our comments. If there are any

comments which the State believes are in error, the State should identify the section of their

regulations that meet the designated compatibility category. Please note that we have limited

our review to regulations required for compatibility and/or health and safety, but have

determined that if these regulations are adopted, incorporating our comments and without

significant change, they would meet the compatibility and health and safety categories

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

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

as indicated. 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 website: http://www.hrsd.ornl.gov/nrc/rulemaking.htm. 
Ms. Barbara Romanowsky -2- August 26, 2004

In addition, 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 at (817) 860-8116 or MLM1@NRC.GOV. 

Sincerely,

\RA By K.P. Hsueh For/

 Josephine M. Piccone, Deputy Director

 Office of State and Tribal Programs

Enclosures: 

As stated
Ms. Barbara Romanowsky -2- August 26, 2004

In addition, 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 at (817) 860-8116 or MLM1@NRC.GOV. 

Sincerely,

\RA By K.P. Hsueh For/

 Josephine M. Piccone, Deputy Director

 Office of State and Tribal Programs

Enclosures: 

As stated

 

Distribution:

DIR RF [4-165] DCD (SP08) PDR (YES_)

BUsilton

Louisiana File Response to Incoming Document: ML041880305

DOCUMENT NAME:C:\ORPCheckout\FileNET\ML042390322.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 RIV STP OGC STP

NAME LMcClean JZabko STreby JMPiccone

DATE 08/18/04* 08/19/04* 08/25/04* 08/26/04*

ML042390322 OFFICIAL RECORD COPY
COMMENTS ON PROPOSED LOUISIANA REGULATIONS

AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES 

STATE SECTION NRC

Section

RATS

ID

CATEGORY SUBJECT and COMMENTS

1 322.D.3.J.ii.(f)

iii

31.5(c)

(13)(iv)

2001-

1

B GENERALLY LICENSED INDUSTRIAL

DEVICES

This section defines the use of general

licensed devices under reciprocity. The

State authorizes persons generally licensed

by an agreement state to use the device for

180 days without requesting registration

information.

The State needs to clarify that if the device is

generally licensed by other agreement

states or the NRC that the licensee is not

subject to registration requirements if the

devices are used in the State’s jurisdiction for

a period less that 180 days in any calendar

year. 
COMMENTS ON PROPOSED LOUISIANA REGULATIONS

AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES 

THAT REMAIN FROM NRC LETTER DATED JULY 31, 2003

STATE SECTION NRC

Section

RATS

ID

CATEGORY SUBJECT and COMMENTS

1 2004 and

2051.D

39.15 2000-1 C AGREEMENT WITH WELL OWNER OR

OPERATOR

This section defines the minimum written

requirements with the well owner or operator

prior to performing well logging. The State

has placed the notification aspects of these

requirements in 2051.D, but did not revise

2004, to reflect the changes needed. The

reference in 2004 is incorrect and the

information in 2051.D is incomplete. 

The State needs to include all of the

requirements of 39.15 and correct the cross

reference to meet compatibility.

2 2017.A and

2017.E

39.41 2000-1 B DESIGN AND PERFORMANCE CRITERIA

FOR SOURCES

This section defines minimum design and

performance criteria for sources. The State

has added 2017.E to include the new

requirements and retained the existing

language in 2017.A. The regulation is

confusing and duplicative with the different

dates and different requirements.

The State needs to revise 2017.A and

2017.E to ensure that all of the requirements

of 39.41 are met in order to achieve

compatibility.
STATE SECTION NRC

Section

RATS

ID

CATEGORY SUBJECT and COMMENTS

3 2017.F.2 39.53(b) 2000-1 C ENERGY COMPENSATION SOURCE

This section lists the sections that apply to

ECS applications without a surface casing for

fresh water aquifers. The State reference to

the equivalent to 39.15 is missing and the

State makes reference to the equivalent of

39.41(Subsection E to 2017) which should

not be referenced.

The State needs to include the equivalent

reference to 39.15 and remove the

equivalent State reference to 39.41 listed in

39.53(b) to achieve compatibility.

4 2017.E.3 39.41(f) 2000-1 B DESIGN AND PERFORMANCE CRITERIA

FOR SOURCES

The State regulations require that Energy

Compensation Sources (ECS) must be

registered with the State and do not allow

ECS to be registered with NRC or other

Agreement States.

The State needs to require registration of

ECS with NRC or other Agreement States to

meet the requirements for compatibility in

39.41 (f)
EDITORIAL SUGGESTION OF PROPOSED LOUISIANA REGULATIONS

1. In paragraph 328.D.1.a., and b, the State used the term “byproduct” material, instead of

“radioactive” material. 
STATE REGULATION STATUS

State: Louisiana

[Four amendments reviewed are identified by a  Tracking Ticket Num

at the beginning of each equivalent NRC regulation.] Date: August 26, 200

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Propose(P) / Fina(F)1 Rule 

ML #5

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 

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 F 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Propose(P) / Fina(F)1 Rule 

ML #5

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

 Minor Corrections, Clarifying Changes, and a Minor Policy Change-Parts 20 63 FR 39477; 63 FR 45393; 1998-5 F 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Propose(P) / Fina(F)1 Rule 

ML #5

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

(10/26/01) 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

ML041880

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

ML041880

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

ML041880

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

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

ML041880

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