February 8, 2007

David Allard, Director

Bureau of Radiation Protection

Department of Environmental Protection

Rachel Carson State Office Bldg.

P.O. Box 8469

Harrisburg, PA 17105-8469

Dear Mr. Allard:

We have reviewed the Pennsylvania Order to implement increased controls for certain

licensees that possess certain radioactive materials in quantities of concern, received by our

office on January 19, 2007. The Order was reviewed by comparison to the equivalent Nuclear

Regulatory Commission (NRC) Order EA-05-090. We discussed our review of the Order with 

Ronald Hamm on February 7, 2007.

As a result of our review, we have no comments. We have determined that the Pennsylvania

Order meets the compatibility and health and safety categories established in the Office of

State and Tribal Programs (STP) Procedure SA-200. We note that Pennsylvania has included

Radium-226 as being subject to increased controls, which is under the regulatory jurisdiction of

Pennsylvania. The NRC is considering what actions may be necessary in response to the

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 increased controls.

This letter is posted on the FSME 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 the NRC Order used in the review, please contact Kathleen Schneider, State

Regulation Review Coordinator at 301-415-2320 (email: kxs@nrc.gov) or Andrew Mauer at

301-415-3962 (email: anm@nrc.gov).

Sincerely,

\RA By S.W. Moore\

Scott W. Moore, Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials and

Environmental Management Programs

Enclosures: 

As stated
February 8, 2007

David Allard, Director

Bureau of Radiation Protection

Department of Environmental Protection

Rachel Carson State Office Bldg.

P.O. Box 8469

Harrisburg, PA 17105-8469

Dear Mr. Allard:

We have reviewed the Pennsylvania Order to implement increased controls for certain

licensees that possess certain radioactive materials in quantities of concern, received by our

office on January 19, 2007. The Order was reviewed by comparison to the equivalent Nuclear

Regulatory Commission (NRC) Order EA-05-090. We discussed our review of the Order with 

Ronald Hamm on February 7, 2007.

As a result of our review, we have no comments. We have determined that the Pennsylvania

Order meets the compatibility and health and safety categories established in the Office of

State and Tribal Programs (STP) Procedure SA-200. We note that Pennsylvania has included

Radium-226 as being subject to increased controls, which is under the regulatory jurisdiction of

Pennsylvania. The NRC is considering what actions may be necessary in response to the

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 increased controls.

This letter is posted on the FSME 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 the NRC Order used in the review, please contact Kathleen Schneider, State

Regulation Review Coordinator at 301-415-2320 (email: kxs@nrc.gov) or Andrew Mauer at

301-415-3962 (email: anm@nrc.gov).

Sincerely,

\RA By S.W. Moore\

Scott W. Moore, Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials and

Environmental Management Programs

Enclosures: As stated

Distribution:

DIR RF (7-9) SUNSI Review Complete

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

DWhite, RSAO MOrendi : Non-Sensitive G Sensitive

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OFFICE SAISB SAISB SAISB OGC SAIS:BC MSSA:DD

NAME AMauer KHsueh KSchneider FCameron PRathbun SMoore

DATE 01/25/07* 01/25/07* 01/25/07* 02/06/07* 02/07/07* 02/08/07*

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