November 4, 2005

Edgar D. Bailey, Chief

Radiologic Health Branch

Division of Food, Drug & Radiation Safety

California Department of Health Services

P.O. Box 997414

Sacramento, CA 95899-7414

Dear Mr. Bailey:

We have reviewed the California proposed Order and corresponding license condition to

implement increased controls for certain licensees that possess certain radioactive materials in

quantities of concern, received by our office on November 1, 2005. This Order and

corresponding license condition were reviewed by comparison to the equivalent NRC

requirements that were transmitted from this office on September 2, 2005. We discussed our

review of the license condition with you on November 2, 2005.

We have determined that the proposed California Order and corresponding license condition, if

issued without significant change, would meet the compatibility category ‘B’ designation in NRC

Order EA-05-090. We note that California has included Radium-226 as being subject to the

increased controls, which is under the regulatory jurisdiction of California. The NRC is currently

considering what actions may be necessary in response to the provisions of the 2005 Energy

Policy Act, and does not have any views at this time on the appropriateness of including

Radium-226 in the table of radionuclides subject to the increased controls.

We appreciate receiving the final Order and corresponding license condition issued to effected

California licensees.

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

and legal binding requirements, 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, will be posted on the STP website: 

http://www.hrsd.ornl.gov/nrc/rulemaking.htm. 

If you have any questions regarding the review, the compatibility categories, or any of the NRC

requirements used in the review, please contact Mr. Andrew Mauer of my staff at 301-415-3962

or e-mail: anm@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosure:

As stated 
November 4, 2005

Edgar D. Bailey, Chief

Radiologic Health Branch

Division of Food, Drug & Radiation Safety

California Department of Health Services

P.O. Box 997414

Sacramento, CA 95899-7414

Dear Mr. Bailey:

We have reviewed the California proposed Order and corresponding license condition to

implement increased controls for certain licensees that possess certain radioactive materials in

quantities of concern, received by our office on November 1, 2005. This Order and

corresponding license condition were reviewed by comparison to the equivalent NRC

requirements that were transmitted from this office on September 2, 2005. We discussed our

review of the license condition with you on November 2, 2005.

We have determined that the proposed California Order and corresponding license condition, if

issued without significant change, would meet the compatibility category ‘B’ designation in NRC

Order EA-05-090. We note that California has included Radium-226 as being subject to the

increased controls, which is under the regulatory jurisdiction of California. The NRC is currently

considering what actions may be necessary in response to the provisions of the 2005 Energy

Policy Act, and does not have any views at this time on the appropriateness of including

Radium-226 in the table of radionuclides subject to the increased controls.

We appreciate receiving the final Order and corresponding license condition issued to effected

California licensees.

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

and legal binding requirements, 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, will be posted on the STP website: 

http://www.hrsd.ornl.gov/nrc/rulemaking.htm. 

If you have any questions regarding the review, the compatibility categories, or any of the NRC

requirements used in the review, please contact Mr. Andrew Mauer of my staff at 301-415-3962

or e-mail: anm@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosure: As stated

Distribution:

DIR RF(5-333) DCD (SP08) Response to Incoming Document: ML0503060120

L. McLean, RSAO SISP Review Complete

O. Siurano, ASPO : Publicly Available G Non-Publicly Available 

A. Mauer, STP : Non-Sensitive G Sensitive

DOCUMENT NAME: E:\Filenet\ML053080246.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 ANMauer SATreby DKRathbun

DATE 11/02/05* 11/04/05* 11/04/05*

ML053080246 OFFICIAL RECORD COPY
STATE REGULATION STATUS

State: California Tra[1 Order and corresponding license condition reviewed are identified by a i Dat

 at the beginning of the equivalent NRC requirement]

NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

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 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) 1992-1Eliminating 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) 1993-2 F

ML051580FML051670

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 
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID

Propose(P) / Fina(F)1 Rule 

ML #5

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

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
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID

Propose(P) / Fina(F)1 Rule 

ML #5

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

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

Security Requirements for Portable Gauges Containing Byprodcut Material - Part 30 70 FR 2001; (7/11/08) 2005-1
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

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 Polic

Adequacy and Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p. 6, 1995.

5. ADAMS ML Number6. By letter dated September 2, 2005, from Paul H. Lohaus, Director, Office of State and Tribal Programs, Agreement States were giv

legally binding requirements satisfying the requirements of NRC Order EA-05-090.

Medical Use of Byproduct Material - Recognition of Speciality Boards - Part 35 70 FR 16336; (4/29/08) 2005-2i Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090)7 TBD FR TBD; (12/2/05) 2005-3 ML053060