August 10, 2006

Kirksey E. Whately, Director

Office of Radiation Control

State Department of Public Health

201 Monroe Street 

P.O. Box 303017

Montgomery, AL 36130-3017

Dear Mr. Whatley:

We have reviewed the final revision to the Alabama regulations 420-3-26, received by our office

on July 17, 2006. These regulations were reviewed by comparison to the equivalent Nuclear

Regulatory Commission (NRC) rules in 10 CFR Parts 20, 30, 31, 32, 34, 35, 36, 39, 40, and 70

and the requirements of the seven amendments identified in the enclosed State Regulation

Status (SRS) Data Sheet. We discussed our review of the regulations with you on August 8,

2006.

As a result of our review, we have two 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. We have determined that if these regulations are revised, 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.

We request that when you revise your regulations to address our comments, 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 location of any changes made

by Alabama, in response to our comments 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.hsrd.ornl.gov/nrc/rulemaking.htm. 

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 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
August 10, 2006

Kirksey E. Whately, Director

Office of Radiation Control

State Department of Public Health

201 Monroe Street - P.O. Box 303017

Montgomery, AL 36130-3017

Dear Mr. Whatley:

We have reviewed the final revision to the Alabama regulations 420-3-26, received by our office

on July 17, 2006. These regulations were reviewed by comparison to the equivalent Nuclear

Regulatory Commission (NRC) rules in 10 CFR Parts 20, 30, 31, 32, 34, 35, 36, 39, 40, and 70

and the requirements of the seven amendments identified in the enclosed State Regulation

Status (SRS) Data Sheet. We discussed our review of the regulations with [name of State

person contacted] on [Date].

As a result of our review, we have two 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. We have determined that if these regulations are revised, 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.

We request that when you revise your regulations to address our comments, 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 location of any changes made

by Alabama, in response to our comments 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.hsrd.ornl.gov/nrc/rulemaking.htm. 

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 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:

DIR RF (6-199) SISP Review Complete

DCD (SP06) G Publicly Available G Non-Publicly Available

DWhite, RSAO G Non-Sensitive G Sensitive

SSmith, ASPO MOrendi Alabama File

DOCUMENT NAME: E:\Filenet\ML062220014.wpd 

ML of Incoming Document:ML062000076

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 MLOrendi STreby KNSchneider for DKRathbun

DATE 07/31/06* 08/08/06* 08/10/06*

ML062220014 OFFICIAL RECORD COPY ML062220011Pkg.
COMPATIBILITY COMMENTS ON ALABAMA FINAL REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 420-3-26-.02

(10t2)

§ 32.72 2006-1 B Manufacture, preparation, or

transfer for commercial

distribution of radioactive drugs

containing byproduct

Alabama has omitted the reference to

the section that matches the

reference made to 10 CFR 35.59.

Alabama needs to add a reference to

section 420-3-26-.07(30) to section

10t 2(ii)(II) of this section to meet the

Compatibility Category B designation

assigned to 10 CFR 32.72.

2 420-3-26-.02

(10v1)

§ 32.74 2006-1 B Manufacture and distribution of

sources or devices containing

byproduct material for medical

use.

Alabama omits the word

[transmission] from its regulation.

Alabama needs to add the word

transmission to 420-3-26-.02 (10v1)

to meet the Compatibility Category B

designation assigned to 10 CFR

32.74.
STATE REGULATION STATUS

State: Alabama Tracking T[7 proposed license condition reviewed is identified by a i Date: Corat the beginning of the equivalent NRC requirement.] 

NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID

Proposed / Final (F)

Rule / LicCondition(LC) 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 
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID

Proposed / Final (F)

Rule / LicCondition(LC) ML #

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 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 
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID

Proposed / Final (F)

Rule / LicCondition(LC) ML #

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 

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

ML021090

i E nergy Compensation Sources for Well Logging and Other Regulatory ClarificationsPart 39 65 FR 20337; (5/17/03) 2000-1 FML061720i New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2 F

ML061720

i Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct

Material - Parts 30, 31, 32

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

ML061720

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

ML052940

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

ML061720

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

ML061720

Compatibility With IAEA Transportation Safety Standards and Other Transportation SafetyAmendments – Part 71.

69 FR 3697; (10/01/07) 2004-1
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID

Proposed / Final (F)

Rule / LicCondition(LC) 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.6. By letter dated September 2, 2005, from Paul H. Lohaus, Director, Office of State and Tribal Programs, Agreeme

days to issue legally binding requirements satisfying the requirements of NRC Order EA-05-090.

Security Requirements for Portable Gauges Containing Byproduct Material - Part 30 70 FR 2001; (7/11/08) 2005-1i Medical Use of Byproduct Material - Recognition of Specialty Boards - Part 35 70 FR 16336; 71 FR 1926

(4/29/08)

2005-2 F

ML061720

Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090)6 70 FR 72128; (12/1/05) 2005-3 LC

ML0525702

iMinor Amendments-Parts 20, 30, 32, 35, 40 and 70 71 FR 15005 (3/27/09) 2006-1 F

ML061720