December 27, 2006

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 November 28, 2006. 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 Richard Morrison and Ronald Hamm on December 12, 2006.

As a result of our review, we have four comments that have been identified in the enclosure. 

Please note that we have limited our review to the legally binding requirements required for

compatibility and/or health and safety. We have determined that if these requirements are

revised, incorporating our comments and without other significant change, they would meet the

compatibility category ‘B’ designation assigned to NRC Order EA-05-090. 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.

We request that when you revise your legally binding requirements to address our comments, a

copy of the revised legally binding requirements 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 Pennsylvania, in response to our comments, and provide a

copy to the Division of Materials Safety and State Agreements, Office of Federal and State

Materials and Environmental Management Programs (FSME) (see letter FSME 06-94 dated

October 6, 2006 for further information). 

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
December 27, 2006

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

November 28, 2006. The order was reviewed by comparison to the equivalent Nuclear

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

with Richard Morrison on December 12, 2006.

As a result of our review, we have four comments that have been identified in the enclosure. 

Please note that we have limited our review to the legally binding requirements required for

compatibility and/or health and safety. We have determined that if these requirements are

revised, incorporating our comments and without other significant change, they would meet the

compatibility category ‘B’ designation assigned to NRC Order EA-05-090. 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.

We request that when you revise your legally binding requirements to address our comments, a

copy of the revised legally binding requirements 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 Pennsylvania, in response to our comments, and provide a

copy to the Division of Materials Safety and State Agreements, Office of Federal and State

Materials and Environmental Management Programs (FSME) (see letter FSME 06-94 dated

October 6, 2006 for further information). 

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 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 (6-286) SUNSI Review Complete

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

DWhite, RSAO MOrendi : Non-Sensitive G Sensitive

KHsueh, ASPO [PA] File

DOCUMENT NAME: C:\FileNet\ML070040017.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 SAIS SAIS SAIS OGC SAIS:BC MSSA:DD

NAME AMauer KHsueh KSchneider FCameron PRathbun SMoore

DATE 12/15/06* 12/15/06* 12/15/06* 12/20/06* 12/27/06* 12/27/06* 

ML070040017 OFFICIAL RECORD COPY
COMPATIBILITY COMMENTS ON PENNSYLVANIA LEGALLY BINDING REQUIREMENT

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 PA Order

(11/20/06)

Attachment

B

NRC Order 

EA-05-090

2005-3 B The first sentence of paragraph 11

states that “As an Agreement State,

in order to comply with the NRC

Order Pennsylvania must issue

legally binding requirements....” 

Pennsylvania needs to replace the

phrase “comply” with “ be

compatible.”

Pennsylvania needs to make the

correction listed above in order to

meet the Compatibility Category B

designation assigned to NRC Order

EA-05-090.

2 PA Order

(11/20/06)

Attachment

B

NRC Order

EA-05-090

2005-3 B Page 4, IC3 c. - Insert “at the

licensee’s location” following the word

“possession”

Pennsylvania needs to insert the

words “at the licensee’s location” in

order to meet the Compatibility

Category B designation assigned to

NRC Order EA-05-090.

3 PA Order

(11/20/06)

Attachment

B

NRC Order

EA-05-090

2005-3 B Page 4, IC3 d - Replace the words

“originating licensee” with “originator”

Pennsylvania needs to replace

“originating licensee” with “originator”

in order to meet the Compatibility

Category B designation assigned to

NRC Order EA-05-090.

4 PA Order

(11/20/06)

Attachment

B

NRC Order

EA-05-090

2005-3 B Page 4, IC3 d.2 - Replace the words

“originating licensee” with “originator”

Pennsylvania needs to replace

“originating licensee” with “originator”

in order to meet the Compatibility

Category B designation assigned to

NRC Order EA-5-090.