October 13, 2005

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

Radiologic Health Branch

MS 7610

PO Box 997414

Sacramento, CA 95899-7414

Dear Mr. Bailey:

The Office of State and Tribal Programs (STP) has reviewed your letter dated July 22, 2005 in

response to our letter dated June 30, 2005 which transmitted our comments on California’s

proposed Industrial Radiography Certification regulations. These regulations correspond to 10

CFR 34. We also reviewed the additional information provided in Sections 20275, 30293 and

30253 of the Title 17 California Code of Regulations. We discussed our review of the

regulations with Phillip Scott on October 11, 2005.

In response to your comments, the attached table shows three outstanding comments and one

new comment that needs to be incorporated into California’s proposed regulations or addressed

in a legally binding requirement such as a licensing condition if the State chooses not to revise

the regulations. These four remaining comments address the aspects of industrial radiography

related to temporary jobsites and field stations and therefore need to be included in these

requirements.

The additional information provided in your letter has enabled us to verify that your regulations

meet the essential objectives of the Compatibility Category B and C designations, respectively,

for comments 2, 3, 4, 6, 7, 8, and 9.

The SRS Data Sheet summarizes our knowledge of the status of other State 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, is posted on the STP website: 

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

If you have any questions regarding the review, the compatibility and health and safety

categories, or any of the NRC regulations used in the review, please contact me, or Ms. Jenny

Tobin of my staff at (301)415-2328 or e-mail: JCT1@NRC.GOV.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosure:

As stated
October 13, 2005

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

Radiologic Health Branch

MS 7610-PO Box 997414

Sacramento, CA 95899-7414

Dear Mr. Bailey:

The Office of State and Tribal Programs (STP) has reviewed your letter dated July 22, 2005 in 

response to our letter dated June 30, 2005 which transmitted our comments on California’s

proposed Industrial Radiography Certification regulations. These regulations correspond to 10

CFR 34. We also reviewed the additional information provided in Sections 20275, 30293 and

30253 of the Title 17 California Code of Regulations. We discussed our review of the

regulations with Phillip Scott on October 11, 2005.

In response to your comments, the attached table shows three outstanding comments and one

new comment that needs to be incorporated into California’s proposed regulations or addressed

in a legally binding requirement such as a licensing condition if the State chooses not to revise

the regulations. These four remaining comments address the aspects of industrial radiography

related to temporary jobsites and field stations and therefore need to be included in these

requirements.

The additional information provided in your letter has enabled us to verify that your regulations

meet the essential objectives of the Compatibility Category B and C designations, respectively,

for comments 2, 3, 4, 6, 7, 8, and 9.

The SRS Data Sheet summarizes our knowledge of the status of other State 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, is posted on the STP website: 

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

If you have any questions regarding the review, the compatibility and health and safety

categories, or any of the NRC regulations used in the review, please contact me, or Ms. Jenny

Tobin of my staff at (301)415-2328 or e-mail: JCT1@NRC.GOV.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosure: As stated

SISP Review Complete

: Publicly Available G Non-Publicly Available

: Non-Sensitive G Sensitive

Distribution:

DIR RF [5-224] DCD (SP08) PDR (YEST) BUsilton

LMcLean, RSAO, RIV California File Response to Incoming Document: ML 051670371 

DOCUMENT NAME: E:\Filenet\ML052870320.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 OSiurano KNSchneider STreby KNS for DRathbun

DATE 09/27/05* 09/27/05* 10/3/05* 10/13/05*

ML052870320 OFFICIAL RECORD COPY
COMPATIBILITY COMMENTS ON CALIFORNIA PROPOSED REGULATIONS

RESOLUTION OF JUNE 30, 2005 LETTER

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 30330(b) 34.3 1997-5 C Definitions

California has omitted the definition of

“field station”. 

California needs to add the definition

of “field station” to 30330(b) to meet

the Compatibility Category C

designation assigned to this definition

in Section 10 CFR 34.3.

Response:

The requirement addresses the

aspect of industrial radiography

related to “field station” and therefore

needs to be included to meet a

compatibility C designation. It could

be addressed in a legally binding

requirement, such as a licensing

condition, if the State chose not to

revise the regulations. 

2 30330(b) 34.3 1997-5 C Definitions

California has omitted the definition of

“hands-on experience”. 

California has included the essential

objectives of this definition within

30333. The information provided by

the July 22, 2005 letter addresses the

definition and thus the comment is

withdrawn.

3 30330(b) 34.3 1997-5 B Definitions

California has omitted the definition of

“independent certifying organization”

California has included the essential

objectives of this definition within

30333. The information provided by

the July 22, 2005 letter addresses the

definition and thus the comment is

withdrawn.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

4 30330(b) 34.3 1997-5 B Definitions

California has proposed a different

definition for the term “radiographer

certification” which does not include

the phrase “received from a certifying

entity stating that an individual has

satisfactorily met certain established

radiation safety, testing, and

experience criteria.” 

California has included the essential

objectives of this definition within

30333. The information provided by

the July 22, 2005 letter addresses the

definition and thus the comment is

withdrawn.

5 30330(b) 34.3 1997-5 B Definitions

California has omitted the definition

for the term “temporary jobsite”. 

California needs to add the definition

of “temporary jobsite” to 30330(b) to

meet the Compatibility Category B

designation assigned to this definition

in Section 10 CFR 34.3.

Response:

The requirement addresses the

aspect of industrial radiography

related to “temporary jobsites” and

therefore needs to be included to

meet a compatibility C designation. It

could be addressed in a legally

binding requirement, such as a

licensing condition, if the State chose

not to revise the regulations. 

6 30332(a) 34.21 1991-1 B Limit on levels of radiation for

radiographic exposure devices and

storage containers

Comment withdrawn based on

information provided in July 22, 2005

letter.

7 30332.4 34.27(c) 1998-4 C Leak testing and replacement of

sealed sources

Comment withdrawn based on

information provided in July 22, 2005

letter.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

8 30332.4 34.67 1998-4 C Records of leak testing

Comment withdrawn based on

information provided in July 22, 2005

letter.

9 30332.4 34.87 1998-4 C Forms of records

Comment withdrawn based on

information provided in July 22, 2005

letter.

10 30332.4 34.89 1998-4 C Location of records

California has omitted the

requirements 10 CFR 34.89. 

Response:

Although 30293 addresses general

requirements for records, it does not

address the special requirements for

“field stations” (Comment 1) and

“temporary jobsites” (Comment 5). 

The provisions in 34.89 and these two

missing definitions could be

addressed in a legally binding

requirement, such as a licensing

condition if the State chooses not to

revise regulations.

NEW COMMENT 34.13(j) 1998-4 C Special Requirements of Industrial

Radiography

California has omitted the

requirements 10 CFR 34.13(j).

California needs to add this

paragraph to meet the Compatibility

Category C designation assigned to

34.13(j).
 STATE REGULATION STATUS

State: California Tracking

Ticket

Number: 5-224

[1 Amendment reviewed are identified by a i Date:

Octobe

r 13,

2005

 at the beginning of each equivalent NRC regulation]

NRC Chronology Identification FR Notice

(Date Due For State

Implementation)

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) 1992-1

Eliminating the Recordkeeping Requirements for Departures from Manufacturer's InstructionsParts 30,3557 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

iLicensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 F

ML051580

F

ML051670

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) 1994-2

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

Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for

Medical Use-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 EquipmentPart 20 60 FR 7900; (3/13/98) 1995-2 F

ML02003

6

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

25983;

(3/1/98)

1995-3 F

ML02003

6
NRC Chronology Identification FR Notice

(Date Due For State

Implementation)

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

Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 F

ML02003

6

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

10 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

Licenses-Parts 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

ML02003

6

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean

Air Act-Part 20

61 FR 65120; (1/9/00) 1997-1 F

ML02003

6

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

ML02214

3

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

ML02003

6

Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4

Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial

Radiography 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

ML02003

6

Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14

Urea-Part 30 

62 FR 63634; (1/02/01) 1997-7

Deliberate 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

Licensees- Parts 30, 40, 70

63 FR 29535; (none) 1998-2

License Term for Medical Use Licenses-Part 35 63 FR 31604; (none) 1998-3
NRC Chronology Identification FR Notice

(Date Due For State

Implementation)

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.

Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial

Radiographic 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

ML02003

6

Transfer for Disposal and Manifests: Minor Technical Conforming Amendment-Part

20

63 FR 50127; (11/20/01) 1998-6 F

ML02003

6

Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1

Requirements for Those Who Possess Certain Industrial Devices Containing

Byproduct Material 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 ClarificationsPart 3965 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 F license

condition

32.52 (a)

(B)

Revision of the Skin Dose Limit-Part 20 67 FR 16298; (4/5/05) 2002-1

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

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

Compatibility With IAEA Transportation Safety Standards and Other Transportation

Safety Amendments – 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

Medical Use of Byproduct Material - Recognition of Speciality Boards - Part 35 70 FR 16336; (4/29/08) 2005-2
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 Policy Statement on Adequacy and Compatibility of Agreement State Programs,”

III.1. Time Frame for Adoption of Compatible State Regulations, p. 6, SECY-95-112, May 3, 1995.

5. ADAMS ML Number

6. Although these items are not required for purposes of compatibility, the State incorporate NRC regulations by

reference on 10/9/98 which included these items.