February 16, 2006

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

Radiologic Health Branch, MS 7610

PO Box 997414

Sacramento, CA 95899-7414

Dear Mr. Bailey:

We have reviewed the proposed changes to the California regulations in the Radiation Control

Law (Health and Safety Code, 114960-115273), received by our office on January 9, 2006.

These regulations were reviewed by comparison to the equivalent Nuclear Regulatory

Commission (NRC) rules in 10 CFR Part 30.21 and the requirements of the amendment

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

of the regulations with Phillip Scott on February 16, 2006.

As a result of our review, we have one comment that has 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 California 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 California regulations. However, we have determined that

if your proposed regulation were adopted, incorporating our comments and without other

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 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 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 review, the compatibility and health and safety

categories, or any of the NRC regulations used in the review, please contact me, or Mr. Osiris

Siurano at 301-415-2307 or by e-mail at osp@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
February 16, 2006

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

Radiologic Health Branch, MS 7610

PO Box 997414

Sacramento, CA 95899-7414

Dear Mr. Bailey:

We have reviewed the proposed changes to the California regulations in the Radiation Control

Law (Health and Safety Code, 114960-115273), received by our office on January 9, 2006.

These regulations were reviewed by comparison to the equivalent Nuclear Regulatory

Commission (NRC) rules in 10 CFR Part 30.21 and the requirements of the amendment

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

of the regulations with Phillip Scott on February 16, 2006.

As a result of our review, we have one comment that has 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 California 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 California regulations. However, we have determined that

if your proposed regulation were adopted, incorporating our comments and without other

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 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 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 review, the compatibility and health and safety

categories, or any of the NRC regulations used in the review, please contact me, or Mr. Osiris

Siurano at 301-415-2307 or by e-mail at osp@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: As stated

Distribution:

DIR RF 6-205 SISP Review Complete

DCD (SP05) : Publicly Available G Non-Publicly Available

LMcLean, RSAO : Non-Sensitive G Sensitive

OSiurano, ASPO California File

DOCUMENT NAME:E:\Filenet\ML060550003.wpd Incoming Document: ML060250530

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 OSiurano STreby KSchneider for DRathbun

DATE 02/02/06* 02/09/06* 02/16/06*

ML060550003 OFFICIAL RECORD COPY
COMPATIBILITY COMMENTS ON CALIFORNIA PROPOSED REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and

COMMENTS

1 §30180(b)(30) 10 CFR Part

30.21

1997-7 B Radioactive drug:

Capsules containing

carbon-14 urea for ``in

vivo'' diagnostic use for

humans.

- The State rule does not

include an equivalent to

§30.21(d).

-The State needs to

include an equivalent

provision to meet the

compatibility B designation

assigned to Section 10

CFR 30.21(d).
STATE REGULATION STATUS

State: California Tracking T[1 amendment is identified by a i Date: 2/16/ at the beginning of the equivalent NRC requirement]

NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID

Proposed Final (F)1 R

/LicenseCondition /ML #5

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 F

ML0221402

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 FR57877;58 FR 67657; 59 FR41641;60 FR 20183; (1/1/94)

1991-3 F

ML0200303

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'sInstructions-Parts 30,35

57 FR 45566; (none) 1992-2 

Decommissioning Recordkeeping and License Termination: DocumentationAdditions [Restricted areas and spill sites]-Parts 30, 40 

58 FR 39628; (10/25/96) 1993-1 F

ML0221402

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

ML0515801FML0516703

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) 1994-2Timeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID

Proposed Final (F)1 R

/LicenseCondition /ML #5

Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material forMedical 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 Equipment-Part 20 60 FR 7900; (3/13/98) 1995-2 F

ML0200303

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

(3/1/98)

1995-3 F

ML0200303

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

ML0200303

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 MaterialsLicenses-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

ML0200303

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

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

ML0200303

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

ML0221402

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

ML0200303

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

ML0200303

iExempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14Urea-Part 30 

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

ML0602505

Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773; 1998-1 F 
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID

Proposed Final (F)1 R

/LicenseCondition /ML #5

(2/12/01) ML0507302

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

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

ML0200303

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

ML0200303

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-Part39

65 FR 20337; (5/17/03) 2000-1 P

ML0535301

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

ML0535301PML0515801
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID

Proposed Final (F)1 R

/LicenseCondition /ML #5

Requirements for Certain Generally Licensed Industrial Devices Containing ByproductMaterial - Parts 30, 31, 32

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

32.52 (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) 2005-1Medical Use of Byproduct Material - Recognition of Speciality Boards - Part 35 70 FR 16336; 71 FR 1926;

(4/29/08)

2005-2

 Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090)7 70 FR 72128; (12/1/05) 2005-3 LC

ML0530601

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 compatibility4. A State need not adopt a specific regulation if the State has no licensees that would be subject to that regulation. See: “Final Policy Stateme

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 Number6. By letter dated September 2, 2005, from Paul H. Lohaus, Director, Office of State and Tribal Programs, Agreement States were given 90 day

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