March 10, 2004

Mr. Edgar D. Bailey, C.H.P., Chief

Radiologic Health Branch

Division of Food, Drug & Radiation Safety

California Department of Health Services

P. O. Box 942732

Sacramento, CA 94234-7320

Dear Mr. Bailey:

We have reviewed the California license conditions that were submitted to meet the Generally

Licensed Device (GL) reporting requirements of 10 CFR 32.52 (a) and (b). Our review and

comments are in response to the State’s request for Nuclear Regulatory Commission (NRC)

evaluation of the license conditions that incorporated the amendment identified on the State’s

Regulation Status Data Sheet (SRS). These license conditions were reviewed by comparison

to the equivalent NRC rules in 10 CFR 32.52 and the requirements of the one amendment

identified in the enclosed SRS. We discussed our review of the license condition with you on

February 25, 2004.

As a result of our review, we have no comments, however we would like to ensure that it is

understood that the remaining portion of the GL Rule was due for Agreement State adoption on

February 16, 2004. Please note that we have limited our review to the California license

conditions required for compatibility and/or health and safety. We have determined that the

California license conditions, as adopted, 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 California regulations or

license conditions, 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 James

Myers of my staff at (301)415-2328 or JHM@NRC.GOV.

Sincerely,

\RA By K.N. Schneider for\

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated

March 10, 2004
Mr. Edgar D. Bailey, C.H.P., Chief

Radiologic Health Branch

Division of Food, Drug & Radiation Safety

California Department of Health Services

P. O. Box 942732

Sacramento, CA 94234-7320

Dear Mr. Bailey:

We have reviewed the California license conditions that were submitted to meet the Generally

Licenced Device (GL) reporting requirements of 10 CFR 32.52 (a) and (b). Our review and

comments are in response to the State’s request for Nuclear Regulatory Commission (NRC)

evaluation of the license conditions that incorporated the amendment identified on the State’s

Regulation Status Data Sheet (SRS). These license conditions were reviewed by comparison

to the equivalent NRC rules in 10 CFR 32.52 and the requirements of the one amendment

identified in the enclosed SRS. We discussed our review of the license condition with Ed Bailey

on February 25, 2004.

As a result of our review, we have no comments, however we would like to ensure that it is

understood that the remaining portion of the GL Rule was due for Agreement State adoption on

February 16, 2004. Please note that we have limited our review to the California license

conditions required for compatibility and/or health and safety. We have determined that the

California license conditions, as adopted, meet the compatibility and health and safety

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

As a result of our review, we have no comments. Please note that we have limited our review to

regulations or license conditions required for compatibility and/or health and safety. We have

determined that the license condition, as written, meets 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 California regulations or

license conditions, 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 James

Myers of my staff at (301)415-2328 or JHM@NRC.GOV.

Sincerely,

\RA By K.N. Schneider for\

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: As stated

Distribution:

DIR RF [4-38] DCD (SP08) PDR (YEST) BUsilton OSiurano, ASPO

LMcLean, RSAO, RIV California File Response to Incoming Document: ML040500440 

DOCUMENT NAME: C:\MyFiles\Copies\4-38-LC's.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 JMyers JZabko STreby JMPiccone

DATE 02/25/04* 02/26/04* 03/09/04* 03/10/04 *

ML040700191 OFFICIAL RECORD COPY
STATE REGULATION STATUS

State: California [1 amendment reviewed is identified by a i Tracking Ticket Number: 

at the beginning of each equivalent NRC regulation.] Date: March 10, 2004

NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID

Proposed / Final (F)

Rule / ML 

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 F

ML022140

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

ML020030

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

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 F

ML022140

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) 1994-2Timeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3Preparation, 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

ML020030

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

(3/1/98)

1995-3 F

ML020030
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID

Proposed / Final (F)

Rule / ML 

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 F

ML020030

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) 1995-710 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28724;

(4/1/99)

1996-1

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

ML020030

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air ActPart 20 61 FR 65120; (1/9/00) 1997-1 FML020030Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Withinan Agreement State-Part 150

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

ML022140

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

ML020030

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

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

ML020030

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

(2/12/01)

1998-1

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
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

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 P

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, 35, 36 63 FR 39477; 63 FR 45393;

(10/26/01)

1998-5 F

ML020030

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

ML020030

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 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) 2000-1New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2iRequirements for Certain Generally Licensed Industrial Devices Containing Byproduct

Material - Parts 30, 31, 32

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

conditions32.52 (a) ML040500

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) 2002-2Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327 12/3/06 2003-1