August 1, 2005

Mr. Kirksey E. Whatley, Director

Office of Radiation Control

Alabama Department of Public Health

201 Monroe Street, P. O. Box 303017

Montgomery, Alabama 36130-3017

Dear Mr. Whatley:

We have reviewed the proposed changes to the Alabama regulations, 420-3-26-.02, “Licensing”,

and 420-3-26-.12, “Radiation Safety Requirements For Wireline Service Operations and Subsurface

Tracer Studies”, received by our office on January 12, 2005. These regulations were reviewed by

comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 30, 31,

32, 39 and the requirements of the two amendments identified in the enclosed States Regulation

Status (SRS) Data Sheet. We discussed our review of the regulations with you on January 25,

2005.

As a result of our review, we have seven comments that have been identified in the enclosure. 

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 Alabama regulations meet the

compatibility and health and safety categories of the equivalent NRC regulation may only be made

based on a review of the final Alabama regulations. However, we have determined that if your

proposed regulations were adopted, incorporating our comments and without other 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.

As noted in the enclosure, the comments address Alabama’s proposed regulations for generally

licensed (GL) devices. Please note that we have a Petition For Rulemaking from the Organization

of Agreement States (OAS) currently under review by NRC staff, as well as a request from OAS and

the State of Florida to change the Compatibility Category assigned to sections of the GL rule. Staff

is examining whether there may be need for additional guidance to Agreement States regarding the

status of some Agreement State GL rules during the interim time the NRC will require to complete

action on the Petition and request. We will correspond separately with you on this issue in the near

future.

We request that when the proposed regulations are adopted and published as final regulations, a

copy of the “as published” regulations be provided to us for review. As requested in STP Procedure

SA-201, “Review of State Regulatory Requirements,” please highlight the final changes and provide

a copy to STP.

The SRS Data Sheet summarizes our knowledge of the status of other Alabama 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. 
Mr. Kirksey E. Whatley -2- August 1, 2005

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 Bill Rautzen at

(301) 415-7206 or by e-mail at WRR@NRC.GOV.

Sincerely,

\RA BY KNSchneider For\

Paul H. Lohaus, Director

Office of State and Tribal Programs

Enclosures:

As Stated
Mr. Kirksey E. Whatley -2- August 1, 2005

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 Bill Rautzen at

(301) 415-7206 or by e-mail at WRR@NRC.GOV.

Sincerely,

\RA BY KNSchneider 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[5-15] DCD (SP06) PDR (YES_T) Response to Incoming Document: ML050130295

Sheri Minnick/Duncan White, RSAO Shawn Smith, ASPO BUsilton Alabama File 

Document Name:E:\Filenet\ML052160100.wpd (ML052160146, ML052160100)

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:D

NAME WRautzen STreby PLohaus

DATE 7/18/05* 7/29/05* 8/01/05*

ML052160098 OFFICIAL RECORD COPY
COMPATIBILITY COMMENTS FOR

PROPOSED ALABAMA REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 420-3-26-

.02(7)(b)2.(ii) 

31.5(b) 2001-1 B Certain Detecting, Measuring,

Gauging, or Controlling Devices

and Certain Devices for Producing

Light or an Ionized Atmosphere

Section 420-3-26-.02(7)(b)2.(ii)uses

the words “and which will be

possessed and used at a single

physical location.” This language is

more restrictive in that it prohibits the

general licensing of portable devices

that is authorized under 31.5(b)(2) of

the NRC regulations. In addition, the

following sections will also need

revision to be consistent to allow the

general licensing of portable devices: 

420-3-26-.02(7)(b)2.(iii), 420-3-26-

.02(7)(b)3.(xv), 420-3-26-

.02(7)(b)3.(xvi).

Alabama needs to add provisions to

their rules to allow the use of portable

devices under the general license

Part 31.5 equivalent. This change is

needed to meet the Compatibility

Category B designation assigned to

Section 31.5. 

2 420-3-26-

.02(7)(b)2.(iii)

31.5(b) 2001-1 B Certain Detecting, Measuring,

Gauging, or Controlling Devices

and Certain Devices for Producing

Light or an Ionized Atmosphere

See Comment 1.

3 420-3-26-

.02(7)(b)3.(v)

31.5(c)(5) 2001-1 B Certain Detecting, Measuring,

Gauging, or Controlling Devices

and Certain Devices for Producing

Light or an Ionized Atmosphere

Section 420-3-26-.02(7)(b)3.(v) is

missing the phrase “or any indication

of a possible failure or damage to”

from the first sentence. 

Alabama needs to add this phrase to

Section 420-3-26-.02(7)(b)3.(v) to

meet the Compatibility Category B

designation assigned to Section 31.5. 
COMPATIBILITY COMMENTS FOR

PROPOSED ALABAMA REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

4 420-3-26-

.02(7)(b)3.(xv)

31.5(c)(13) 2001-1 B Certain Detecting, Measuring,

Gauging, or Controlling Devices

and Certain Devices for Producing

Light or an Ionized Atmosphere

See Comment 1

5 420-3-26-

.02(7)(b)3.(xvi)

31.5(c)(14) 2001-1 B Certain Detecting, Measuring,

Gauging, or Controlling Devices

and Certain Devices for Producing

Light or an Ionized Atmosphere

See Comment 1

6 420-3-26-

.02(20)(b)

31.6 2001-1 B General license to install devices

generally licensed in § 31.5

Section 420-3-26-.02(20)(b) is

missing the provision allowing the

installation and service of GL devices

in offshore waters. 

Alabama needs to add this phrase to

Section 420-3-26-.02(20)(b) to meet

the Compatibility Category B

designation assigned to Section 31.5.

7 420-3-26-

.02(10)(f)1.(iv)

32.51(a)

(4) and (5)

2001-1 B Byproduct material contained in

devices for use under 

Sec. 31.5; requirements for license

to manufacture, or initially 

transfer.

Section 420-3-26-.02(10)(f)1.(iv) is

missing the phrase “and serial

number” from the requirements of

what should be on the source

housing.

Alabama needs to add this phrase to

Section 420-3-26-.02(10)(f)1.(iv) to

meet the Compatibility Category B

designation assigned to Section

32.51. 
STATE REGULATION STATUS

State: Alabama Tr(Two amendments reviewed identified by a i Da

 at the beginning of equivalent NRC regulation.)

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 ANT 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 

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 F Eliminating the Recordkeeping Requirements for Departures from Manufacturer'sInstructions-Parts 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 

Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 F 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 StandardsPart 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 forMedical Use-Parts 30, 32, 35

59 FR 61767; 59 FR 6524360 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 Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983

(3/1/98)

1995-3 F 

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 
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID

Proposed / Final (F)

Rule / ML 

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 

One Time Extension of Certain Byproduct, Source and Special Nuclear MaterialsLicenses-Parts 30, 40, 70

61 FR 1109; (none) 1996-2 

Termination or Transfer of Licensed Activities: Record keeping Requirements-Parts 20,30, 40, 61, 70

61 FR 24669; (6/17/99) 1996-3 F 

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean AirAct-Part 20

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

Recognition of Agreement State Licenses in Areas Under Exclusive Federal JurisdictionWithin an Agreement State-Part 150

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

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 

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6 F Exempt Distribution of a Radioactive Drug Containing One Micro curie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 F Deliberate Misconduct by Unlicenced Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773

(2/12/01)

1998-1 F 

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-IssuingLicensees- Parts 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 F 

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 

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

Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1 
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 the regulation. See: “Final Policy 

Adequacy and Compatibility of Agreement State Programs,” III.1.Time From For Adoption of Compatible State Regulations, p. 6, S1995.

5. ADAMS ML Number.

Requirements 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

ML020650FML021090

i Energy Compensation Sources for Well Logging and Other Regulatory ClarificationsPart 39 65 FR 20337; (5/17/03) 2000-1 PML050130

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

i Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct

Material - Parts 30, 31, 32

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

ML050130

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 Byproduct Material - Part 30 70 FR 2001; (7/11/08) 2005-1Medical Use of Byproduct Material - Recognition of Specialty Boards - Part 35 70 FR 16336; (4/29/08) 2005-2