July 31, 2003

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, RP032, received by our office on June 24, 2003. 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 amendments 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, 34, 36 and 39 and the requirements of the 3 amendments identified in the enclosed SRS. 

We discussed our review of the regulations with Sharon Parker on July 31, 2003.

As a result of our review, we have seven comments and one editorial suggestion. In regard to

comment number 4, we recognize that Louisiana rules are written based on the wording in the

Suggested State Regulations (SSR). This wording does not adequately reflect the wording of

10 CFR 39.35 (b); and, as a result, the NRC is in the process of discussing this SSR section

with the Conference of Radiation Control Program Directors (CRCPD). This section of the SSR

and the Louisiana State rules will have to be changed to capture the essential objectives of 10

CFR 39.35 (b). 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. 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 John Zabko

of my staff at (301)415-2308 or JGZ@NRC.GOV. 

 Sincerely,

/RA by PM Larkins for J.M. Piccone/

 Josephine M. Piccone, Deputy Director

 Office of State and Tribal Programs

Enclosures: 

As stated
July 31, 2003

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, RP032, received by our office on June 24, 2003. 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 amendments 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, 34, 36 and 39 and the requirements of the 3 amendments identified in the enclosed SRS. 

We discussed our review of the regulations with Ms. Sharon Parker on July 31, 2003.

As a result of our review, we have seven comments and one editorial suggestion. In regard to

comment number 4, we recognize that Louisiana rules are written based on the wording in the

Suggested State Regulations (SSR). This wording does not adequately reflect the wording of

10 CFR 39.35 (b); and, as a result, the NRC is in the process of discussing this SSR section

with the Conference of Radiation Control Program Directors (CRCPD). This section of the SSR

and the Louisiana State rules will have to be changed to capture the essential objectives of 10

CFR 39.35 (b). 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.

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 John Zabko

of my staff at (301)415-2308 or JGZ@NRC.GOV. 

 Sincerely,

\RA by PM Larkins for JM Piccone\

 Josephine M. Piccone, Deputy Director

 Office of State and Tribal Programs

Enclosures: As stated

Distribution:

DIR RF [3-150] DCD (SP08) PDR (YES_) BUsilton Louisiana File

DOCUMENT NAME:C:\MYFILES\Copies\LA 2003 Letter 3-150.wpd Response to Incoming Document: 

ML031760392

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 STP OGC STP

NAME KSchneider JZabko STreby JMPiccone

DATE 07/03/03* 07/03/03* 07/29/03* 07/09/03*

 ML032120609 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

1 442.A.4.d &

442.A.4.e

20.1703

(f)

1999-3 D H&S USE OF INDIVIDUAL RESPIRATORY

PROTECTION

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 organization placed

these provisions under the requirements for

a written policy statement which does not

achieve the same objective.

The State needs to establish these

requirements for the licensee prior to

assigning or permitting the use of respirators

and not just a requirement for a written policy

statement to achieve compatibility.

2 442.A.4.d &

442.A.4.e

20.1703

(f)

1999-3 D H&S USE OF INDIVIDUAL RESPIRATORY

PROTECTION

This section defines the minimum respiratory

protection program expected of any licensee

who assigns or permits the use of respirators

to limit intake. The last sentence of

20.1703(f) on sufficient number of standby

rescue persons is missing.

The State needs to include all of the section

as it appears in 20.1703(f) to achieve

compatibility.
STATE SECTION NRC

Section

RATS

ID

CATEGORY SUBJECT and COMMENTS

3 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.

4 2014.B 39.35(b) 2000-1 C LEAK TESTING OF SEALED SOURCES

This section defines the methods of wipe

testing of sealed sources. The State

proposes that only those specifically

authorized by NRC or an Agreement State

may perform tests where NRC requires an

approved leak test kit or method approved by

the appropriate regulator.

The State needs to use text equivalent to

39.35 (b) which requires Commission or

Agreement State approved leak test kits or

methods, not just qualified individuals, to

achieve compatibility.

5 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

6 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)

7 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.
EDITORIAL SUGGESTION ON PROPOSED LOUISIANA REGULATIONS

1. The State added to 544.B, the compatible Part 34, Radiography regulations text to

exclude ECS from leak testing. ECS are not used by radiographers and may confuse

licensees. This should be deleted from the proposed regulation.
STATE REGULATION STATUS

State: Louisiana[Three amendment reviewed are identified by a  Tracking Ticket 

at the beginning of each equivalent NRC regulation.] Date: July 31, 20

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 FML011510

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 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 

 Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part 39 65 FR 20337; (5/17/03) 2000-1  New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2 Requirements 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