April 7, 2005

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 proposed changes to the California Radiation Control Regulations, 

§30105, “Deliberate Misconduct,” received by our office on March 8, 2005. These regulations

were reviewed by comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in

10 CFR Parts 30, 40, 61, 70, 71, 150 and the requirements of the one amendment identified in

the enclosed State Regulation Status (SRS) Datasheet Data Sheet. We discussed our review

of the regulations with Mr. Phillip Scott of your staff on March 21, 2005. 

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 the California 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 California

regulation. However, we have determined that if this regulation is adopted without significant

change, it 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 regulation is adopted and published as a final regulation, a copy of the “as published”

regulation be provided to the NRC for review.

The SRS Data Sheet summarizes our knowledge of the status of other California 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 Andrea

Jones of my staff at (301) 415-6231 or ARJ@NRC.GOV.

Sincerely,

\RA By Dennis K. Rathbun For\

Paul H. Lohaus, Director

Office of State and Tribal Programs

Enclosures: 

As stated
April 7, 2005

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 proposed changes to the California Radiation Control Regulations, 

§30105, “Deliberate Misconduct,” received by our office on March 8, 2005. These regulations

were reviewed by comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in

10 CFR Parts 30, 40, 61, 70, 71, 150 and the requirements of the one amendment identified in

the enclosed State Regulation Status (SRS) Datasheet Data Sheet. We discussed our review

of the regulations with Mr. Phillip Scott of your staff on March 21, 2005. 

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 the California 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 California

regulation. However, we have determined that if this regulation is adopted without significant

change, it 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 regulation is adopted and published as a final regulation, a copy of the “as published”

regulation be provided to the NRC for review.

The SRS Data Sheet summarizes our knowledge of the status of other California 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 Andrea

Jones of my staff at (301) 415-6231or ARJ@NRC.GOV.

Sincerely,

\RA By Dennis K. Rathbun For\

Paul H. Lohaus, Director

Office of State and Tribal Programs

Enclosures: As stated

SISP Review Complete

: Publicly Available G Non-Publicly Available

: Non-Sensitive G Sensitive

Distribution:

DIR RF[5-67] DCD (SP08) PDR (YES_T) Response to Incoming Document: ML050670438

Linda McLean, RSAO OSiurano, ASPO California File Document Name:C:\My Files\Copies\CA 5-67.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 STP OGC STP:DD

NAME AJones WRautzen STreby DLRothbun for PLohaus

DATE 03/22/05* 03/23/05* 04/05/05* 04/7/05*

ML050970398 OFFICIAL RECORD COPY
STATE REGULATION STATUS

State: California [1 amendment reviewed identified by a i Tracking Ticket Number: 5-67

at the beginning of the equivalent NRC regulation.] Date: April 7, 2005

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

otification 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) 1992-1Eliminating 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) 1993-2Definition 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 Within

an 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) 1997-7iDeliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773;

(2/12/01)

1998-1 F

ML050670

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 

Adequacy and Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p1995.

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) 2000-2Requirements 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) 

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; (10/24/05) 2002-2Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327; (12/3/06) 2003-1Compatibility With IAEA Transportation Safety Standards and Other Transportation SafetyAmendments – Part 71.

69 FR 3697; (10/01/07) 2004-1