April 19, 2004

Ms. Barbara Romanowsky, Administrator

Office of Environmental Assessment

Department of Environmental Quality

State of Louisiana

P.O. Box 4314

Baton Rouge, LA 70821-4314

Dear Ms. Romanowsky:

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

Title 33, Part XV, Radiation Protection, RP036, received by our office on March 26,2004. 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 amendments identified on the State Regulation Status Data Sheet (SRS). 

These regulations were reviewed by comparison to the equivalent NRC rule in 10 CFR Part 20

and the requirements of the one amendment identified in the enclosed SRS. We discussed our

review of the regulations with Sharon Parker on April 12, 2004.

As a result of our review, we have no comments. 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 these regulations are adopted 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. We request that when the proposed

regulations are adopted and published as final regulations, a copy of the “as published”

regulations be provided to the NRC for review. 

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 

Dr. Stephen Salomon at (301)415-2368 or SNS@NRC.GOV.

 Sincerely,

\RA By K.N. Schneider For\

 Josephine M. Piccone, Deputy Director

 Office of State and Tribal Programs

Enclosures: 

As stated
April 19, 2004

Ms. Barbara Romanowsky, Administrator

Office of Environmental Assessment

Department of Environmental Quality

State of Louisiana

P.O. Box 4314

Baton Rouge, LA 70821-4314

Dear Ms. Romanowsky:

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

Title 33, Part XV, Radiation Protection, RP036, received by our office on March 26,2004. 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 amendments identified on the State Regulation Status Data Sheet (SRS). 

These regulations were reviewed by comparison to the equivalent NRC rule in 10 CFR Part 20

and the requirements of the one amendment identified in the enclosed SRS. We discussed our

review of the regulations with Sharon Parker on April 12, 2004.

As a result of our review, we have no comments. 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 these regulations are adopted 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. We request that when the proposed

regulations are adopted and published as final regulations, a copy of the “as published”

regulations be provided to the NRC for review. 

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 

Dr. Stephen Salomon at (301)415-2368 or SNS@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 [ 4-71 ] DCD (SP08) PDR (YES_) BUsilton Louisiana File

DOCUMENT NAME:C:\ORPCheckout\FileNET\ML041110010.wpd Response to Incoming Document: 

ML040900284

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 S Salomon JZabko STreby JMPiccone

DATE 04/12/04* 04/12/04* 04/16/04* 04/19/04*
 ML041110010 OFFICIAL RECORD COPY
STATE REGULATION STATUS

State: Louisiana[One amendment reviewed is identified by a  Tracking Ticket 

at the beginning of each equivalent NRC regulation.] Date: Ap

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 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Propose(P) / Fina(F)1 Rule 

ML #5

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 FML011510

Recognition 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

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

 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 P

ML022280

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

ML031760

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

ML031760

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) 2002-1 P

ML040900

Medical Use of Byproduct Material-Parts 20, 32, and 35 67 FR 20249; (10/24/05) 2002-2Financial Assurance for Materials Licensees 

– Parts 30, 40, 70 68 FR 57327 (12/3/06) 2003-1