August 31, 2006

Cynthia Sanders, Acting Manager

Radioactive Materials Program

Department of Natural Resources

4220 International Parkway, Suite 100

Atlanta, GA 30354

Dear Ms. Sanders:

By letter dated June 26, 2002, we sent you the results of our review of the final changes to the

Georgia regulations which were submitted to the NRC by letter dated May 21, 2002. These

regulations were reviewed by comparison to the equivalent Nuclear Regulatory Commission

(NRC) rules in 10 CFR Parts 30, 31, and 32, and the requirements of the General License (GL)

amendment identified in the enclosed State Regulation Status (SRS) Data Sheet. The review

we conducted omitted a specific review of Sections 10 CFR Parts 31.5 and 31.6. The text of

these sections was not revised by the GL amendment, but the compatibility designations were

changed from Compatibility Categories C and D respectively, to Category B. 

As noted in All Agreement States letter STP-05-072, dated September 28, 2005, NRC staff will

continue to review Agreement State GL Device proposed and final rules but will hold in

abeyance any determination on those rules and compatibility of those rules, if the Agreement

State has the essential elements of the NRC’s rule and is more restrictive than the NRC’s rule.

For Agreement States without a GL Device rule or a GL Device rule less restrictive than the

NRC rules, the staff will factor this determination into results of the NRC’s review of the State’s

proposed and final rules and the compatibility findings during Integrated Materials Performance

Evaluation Program (IMPEP) reviews.

We discussed our re-review of the GL Amendment with you on August 21, 2006. Although we

had no comments for the 2001-1 amendment stated in the June 26, 2002 letter, as a result of

our re-review against the Compatibility Category B designation, we have seven comments that

have been identified in the enclosure. Comments 1, 5, 6, 7 indicate that the State’s regulations

are more restrictive than the NRC’s regulations, and there is no corrective action required for

this comment at this point. However, Comments 2, 3 and 4 indicate that the State’s regulations

are less restrictive than the NRC’s regulations, and they need to be addressed in the State’s

future rulemaking process. We request that when a final amended version of Georgia

regulations are adopted and published in response to our comments, that 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 note that we have limited our review to regulations required for compatibility and/or

health and safety. The SRS Data Sheet summarizes our knowledge of the status of other

Georgia 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.hsrd.ornl.gov/nrc/rulemaking.htm.
Cynthia Sanders, Acting Manager -2- August 31, 2006

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 Ms. Monica

Orendi at (301) 415-3938 or by e-mail at MLO1@nrc.gov.

Sincerely,

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
Cynthia Sanders, Acting Manager - 2- August 31, 2006

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 Ms. Monica

Orendi at (301) 415-3938 or by e-mail at MLO1@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated

Distribution: SUNSI Review Complete

DIR RF(6-16) DCD (SP06) : Publicly Available G Non-Publicly Available

PDR (YES_T) : Non-Sensitive G Sensitive

Response to Incoming Document: ML021540172

DWhite, SMinnick, RSAO , AJones, ASPO, SLai, BUsilton, Georgia File

Document Name:E:\Filenet\ML062410009.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 SLai STreby KNSchneider for DKRathbun

DATE 6/1/06* 6/19/06* 8/31/06*

ML062410009 OFFICIAL RECORD COPY MLPkg.ML062410010
COMPATIBILITY COMMENTS ON GEORGIA FINAL REGULATIONS

STATE

SECTION

NRC

SECTION

RATS

ID

CATE

GORY

SUBJECT and COMMENTS

1 391-3-17-

.02(6)(c)2.

31.5(b) 2001-1 B Certain detecting, measuring, gauging, or

controlling devices and certain devices for

producing light or an ionized atmosphere

Georgia has omitted the phase “or initially

transferred” after “and labeled in accordance

with the specifications contained.” in 391-3-17-

.02(6)(c)2.

Geogia’s rule has the essential elements of the

NRC, but is more restrictive than the NRC’s GL

rule. 

As noted in the September 28, 2005 All

Agreement States Letter STP-05-072, the

determination on this provision will be held in

abeyance until such time that the NRC

completes its review and response to the

Organization of Agreement State on

compatibility changes for the GL rule.

2 391-3-17-

.02(6)(c)3.(iv)

31.5(c)(4) 2001-1 B Certain detecting, measuring, gauging, or

controlling devices and certain devices for

producing light or an ionized atmosphere

Georgia regulations require records of tests for

leakage of radioactive material, records of tests

of on/off mechanism and indicator records for

transferring or disposing the devices to be

maintained for only 1 year, while the NRC’s

regulations require these records to be retained

for 3 years. 

Georgia needs to revise the record retention

period in 391-3-17-.02(6)(c)3.(iv) to meet the

Compatibility Category B designation assigned

to 10 CFR 31.5(c)(4).
STATE

SECTION

NRC

SECTION

RATS

ID

CATE

GORY

SUBJECT and COMMENTS

3 N/A 31.5(c)(7) 2001-1 B Certain detecting, measuring, gauging, or

controlling devices and certain devices for

producing light or an ionized atmosphere

Georgia has omitted the provision of 10 CFR

31.5(c)(7) regarding the export of the device

containing byproduct material. 

Omitting this provision also caused a missing

reference to 10 CFR 31.5(c)(7) in 391-3-17-

.02(6)(c)3.(vii). 

Georgia needs to adopt the provision to 391-3-

17-.02(6)(c)3. and add the equivalent reference

to 391-3-17-.02(6)(c)3.(vii) to meet the

Compatibility Category B designation assigned

to 10 CFR 31.5(c)(7) and 10 CFR 31.5(c)(8). 

4 N/A 31.5(c)(11) 2001-1 B Certain detecting, measuring, gauging, or

controlling devices and certain devices for

producing light or an ionized atmosphere

Georgia has omitted the requirement of 10 CFR

31.5(c)(11), regarding general license response

to information requiests within 30 calendar days.

Georgia needs to adopt the requirements of 10

CFR(c)(11) to Compatibility Category B

designation assigned to 10 CFR 31.5(c)(11).

5 391-3-17-

.02(6)(c)3.(xi)(I

)

31.5(c)(13) 2001-1 B Certain detecting, measuring, gauging, or

controlling devices and certain devices for

producing light or an ionized atmosphere

Geogia requires registration of an extra element,

cadmium-109 in 391-3-17-.02(6)(c)3.(xi)(I). 

Therefore, Geogia’s rule is more restrictive than

the NRC’s.

Geogia’s rule has the essential elements of the

NRC, but is more restrictive than the NRC’s GL

rule. 

As noted in the September 28, 2005 All

Agreement States Letter STP-05-072, the

determination on this provision will be held in

abeyance until such time that the NRC

completes its review and response to the

Organization of Agreement State on

compatibility changes for the GL rule.
STATE

SECTION

NRC

SECTION

RATS

ID

CATE

GORY

SUBJECT and COMMENTS

6 N/A 31.5(c)(13)(iv

)

2001-1 B Certain detecting, measuring, gauging, or

controlling devices and certain devices for

producing light or an ionized atmosphere

Georgia has omitted the provisions 10 CFR

31.5(c)(13)(iv), regarding the applicability of the

registration requirements for the GL devices

licensed by an Agreement State or by the NRC,

that are used in Rhode Island for less than 180

days.

 

Georgia’s rule has the essential elements of the

NRC, but is more restrictive than the NRC’s GL

rule. 

As noted in the September 28, 2005 All

Agreement States Letter STP-05-072, the

determination on this provision will be held in

abeyance until such time that the NRC

completes its review and response to the

Organization of Agreement State petition and

State of Florida’s request on compatibility

changes for the GL rule.

7 391-3-17-

.02(6)(c)3.(xii)

31.5(c)(14) 2001-1 B Certain detecting, measuring, gauging, or

controlling devices and certain devices for

producing light or an ionized atmosphere

Georgia has omitted the sentence “For a

portable device, a report of address change is

only required for a change in the device’s

primary place of storage.”

Georgia’s rule has the essential elements of the

NRC, but is more restrictive than the NRC’s GL

rule. 

As noted in the September 28, 2005 All

Agreement States Letter STP-05-072, the

determination on this provision will be held in

abeyance until such time that the NRC

completes its review and response to the

Organization of Agreement State petition and

State of Florida’s request on compatibility

changes for the GL rule.
STATE REGULATION STATUS

State: Georgia [1 Amendment reviewed identified by a i 

at the beginning of the equivalent NRC requirement.] 

NRC Chronology Identification FR Notice

(State Due Date)

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 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; 57FR 57877;58 FR 67657;59 FR 41641; 60 FR20183; (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 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 

Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 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 Equipment-Part20 

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 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed Final (F)1 R

LicenseCondition ML #5

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 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: Recordkeeping Requirements-Parts 20,30, 40, 61, 70

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

ML021540

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

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

ML021540

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

ML021540

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

ML021540

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

ML021540

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6 F

ML021540

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

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

ML021540

Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 150 63 FR 1890; 63 FR 13773

(2/12/01)

1998-1 F

ML021540
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed Final (F)1 R

LicenseCondition ML #5

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

ML021540

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

ML021540

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

ML021540

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

ML021540

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 F

ML021540

Energy Compensation Sources for Well Logging and Other Regulatory ClarificationsPart 39 65 FR 20337; (5/17/03) 2000-1 FML021540

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

ML021540

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

65 FR 79162; (2/16/04) 2001-1 F7

ML021540

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; (4/24/05) 2002-2 F

ML032100

Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327; (12/3/06) 2003-1Compatibility With IAEA Transportation Safety Standards and Other TransportationSafety Amendments – 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) 2005-1
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.

7. A re-review was completed on this item due to change in compatibility of 31.5 and 31.6. More information can be found in the All A

letter STP 05-072.

Medical Use of Byproduct Material - Recognition of Specialty 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)6 70 FR 72128; (12/1/05) 2005-3 LC

ML0527201

Minor Amendments - Parts 20, 30, 32, 35, 40, and 70 71 FR 15005 (3/27/06) 2006-1