July 27, 2006

Jeff Meyers, Administrator 

Emergency & Radiological Services Division

Department of Environmental Quality

P.O. Box 4313

Baton Rouge, LA 70821-4313

Dear Mr Meyers:

We have reviewed the final revision to the Louisiana regulations Title 33 Part XV, received by

our office by e-mail on June 2, 2006. These regulations were reviewed by comparison to the

equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 20, 31 and 35 and the

requirements of the three amendments identified in the enclosed State Regulation Status (SRS)

Data Sheet. We discussed our review of the regulations with Ms. Parker on July 20, 2006.

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.

Although we had only two comments for the 2001-1 amendment stated in our August 18, 2005

letter, as a result of our re-review against the Compatibility Category B designation, we have

three additional comments that have been identified in the enclosure. Comment 1 indicates that

the State’s regulation is more restrictive than the NRC’s regulation, and there is no corrective

action required for this comment at this point. However, Comments 2 and 3 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. 

As a result of our review of the other rules, we have no additional comments. Please note that

we have limited our review to regulations required for compatibility and/or health and safety. 

We have determined that these regulations 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 a final amended version of Louisiana 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. As requested in STP Procedure SA-201, “Review of State Regulatory

Requirements,” please highlight the location of any changes made by Louisiana, in response to

our comments and provide a copy to STP.
Mr. Jeff Meyers -2- July 27, 2006

The SRS Data Sheet summarizes our knowledge of the status of other Louisiana 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 Jenny Tobin

at (301)415-2328 or by e-mail at JCT1@NRC.GOV.

Sincerely,

\RA By KNSchneider\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
Mr. Jeff Meyers -2- July 27, 2006

The SRS Data Sheet summarizes our knowledge of the status of other Louisiana 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 Jenny Tobin

at (301)415-2328 or by e-mail at JCT1@NRC.GOV.

Sincerely,

\RA By KNSchneider\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures:

As stated

Distribution:

DIR RF (6-168) Sunsi Review Complete

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

LMcLean, RSAO : Non-Sensitive G Sensitive

KSchneider, ASPO JTobin Louisiana File

DOCUMENT NAME: C:\ADAMS\Cache\ML0621204710.wpd 

ML of Incoming Document: ML061720127

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 STP OGC STP:DD

NAME JTobin SLai STreby KNSchneider for DKRathbun

DATE 06/30/06* 06/30/06* 07/13/06* 07/27/06*

ML062120471 OFFICIAL RECORD COPY ML062120505
COMPATIBILITY COMMENTS ON LOUISIANA FINAL REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 322.D.2. 31.5(b)(1) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Louisiana has omitted the phase “or

initially transferred” for applicability of

the general license. Louisiana’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.

2 322.D.3.g., 

h.

31.5(c)(8) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Louisiana has omitted the serial

number, license number of the person

receiving the device (license number

not applicable if exported) and the

date of transfer for the report

requirements in 10 CFR 31.5(c)(8).

Louisiana needs to add these

requirements to 322.D.3.h. to meet

the Compatibility Category B

designation assigned to 10 CFR

31.5(c)(8).
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

3 322.D.4. 31.5(d) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Louisiana regulations omitted the

phrase “or import” from requirements

concerning generally licensing

devices.

Louisiana needs to add the phrase ”or

import” to 322.D.4. to meet the

Compatibility Category B designation

assigned to 10 CFR 31.5(d).
STATE REGULATION STATUS

State: Louisiana[3 amendments reviewed identified by a i Tracking 

 the beginning of the equivalent NRC requirement.] Date: 0

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed Final (F)1 

/ LicenseCondition ML #5

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

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 Eliminating the Recordkeeping Requirements for Departures from Manufacturer's InstructionsParts 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 P 

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 

Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPA Standards-Part 40 59 FR 28220; (7/1/97) 1994-2 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed Final (F)1 

/ LicenseCondition ML #5

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 for MedicalUse-Parts 30, 32, 35

59 FR 61767; 59 FR65243;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 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

ML0202802

One Time Extension of Certain Byproduct, Source and Special Nuclear Materials LicensesParts 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 P 

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air ActPart 20 61 FR 65120; (1/9/00) 1997-1 FML0115103Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Withinan Agreement State-Part 150

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

ML0115103

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

ML0202802

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

ML0115103
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed Final (F)1 

/ LicenseCondition ML #5

Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 F Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR

13773;(2/12/01)

1998-1 F

ML0115103

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing LicenseesParts 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 P

ML010460

 Minor Corrections, Clarifying Changes, and a Minor Policy Change-Parts 20 63 FR 39477; 63 FR

45393;(10/26/01)

1998-5 F

ML0115103

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

i Respiratory Protection and Controls to Restrict Internal Exposure-Part 20 64 FR 54543; 64 FR

55524;(2/2/03)

1999-3 F

ML061720

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

ML0418803

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

ML0418803

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 P

ML0510805

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

ML061720
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed Final (F)1 

/ LicenseCondition ML #5

1. Or other generic Legally Binding Requirements2. (Y/N) Y means “Yes,” there are comments in the review letter that the State needs to address. N means “No,” there are no com

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 P

Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p. 6, SECY-95-11

5. ADAMS ML Number6. By letter dated September 2, 2005, from Paul H. Lohaus, Director, Office of State and Tribal Programs, Agreement States were 

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

Compatibility 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; 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 LCML0529

Minor Amendments - Part 20,30,32,35,40 and 70 71FR15005 2006-1