April 25, 2002

Mr. Kirksey E. Whatley, Director

Office of Radiation Control

Alabama Department of Public Health

201 Monroe Street, P. O. Box 303017

Montgomery, Alabama 36130-3017

Dear Mr. Whatley:

As requested, we have reviewed the proposed and final Alabama regulations, Chapter 

420-3-26, Radiation Protection Rules, Rule 420-3-26-.03, Standards for Protection Against

Radiation, enclosed with your February 20, 2002 letter to Mr. Paul Lohaus and your April 17,

2002 e-mail to Ms. Josephine Piccone. Based on your April 17, 2002 e-mail, the final rules

were approved and adopted by the State Committee of Public Health on April 17, 2002. The

proposed and final regulations are in response to the amendments identified in the enclosed

State Regulation Status (SRS) Data Sheet. These amendments are identified in 64 FR 54543

and 64 FR 55524, covering 10 CFR Parts 20.1003 and 20.1701-20.1705. The regulations were

reviewed by comparison to the equivalent NRC regulations in 10 CFR Part 20. We also

discussed our review of the regulations with you on March 15, 2002. The final regulations

incorporated most of the comments discussed with you on March 15, 2002. 

As a result of our review of the proposed regulations, we had two comments and three editorial

suggestions. We have determined that the two comments have been incorporated into the final

regulations and no further action is required. We have three editorial suggestions for

incorporation into your regulations during the next revision (enclosed). Please note that we

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

However, we have determined that the Alabama regulations as adopted, incorporating the

comments, meet the compatibility and health and safety categories established in Office of

State and Tribal Programs (STP) Procedure SA-200.

The SRS Data Sheet summarizes our knowledge of the status of other Alabama regulations as

indicated. This letter including the SRS Data Sheet is posted on the STP Web Site:

http://www.hsrd.ornl.gov/nrc/rulemaking.htm. If you have any questions regarding the

comments, the compatibility and health categories, or any of the NRC regulations used in the

review, please contact me or Ms. Patricia M. Larkins of my staff at (301) 415-2309.

Sincerely,

 /RA/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures:

As stated

Kirksey E. Whatley
Distribution:

DIR RF (2-46) DCD (SP06) PDR (YES)

SDroggitis 

RWoodruff, RII

Alabama File

Response to Incoming Documents: ML020650412, ML021090092

 (Documents contained in Pkg. ML021150126)

DOCUMENT NAME: C:\ORPCheckout\FileNET\ML021160517.wpd *See previous

concurrence.

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 PMLarkins:kk:gd JGZabko STreby JMPiccone

DATE 03/27/02* 03/28/02* 04/24/02* 04/04/02*

04/25/02

ML021160517 OFFICIAL RECORD COPY 
Editorial Suggestions

1. The proposed change to State Regulation 420-3-26-.03 (24.4(c)(6)) contains a

typographical error. The regulation as proposed states “a fit factor greater tan or equal

to 500" and should be replaced with “a fit factor greater than or equal to 500."

2. The proposed change to State Regulation 420-3-26-.03 (24.4(g)) is missing an enclosing

parenthesis after “(29 C.F.R. 1910.134(i)(1)(ii)(A) through (E).” The regulation should

place an enclosing parenthesis following “through (E)).” 

3. Section 420-3-26-.03 (3), Table II, 26-.03 (3) “Mean Quality Factors, Q, and Fluence per

Unit Dose Equivalent for Monoenergetic Neutrons,” has been omitted from the definition

for “Quality Factor” in this Section. However, an equivalent definition of “Quality Factor”

with the two 10 CFR Tables (1004(b).1 and 1004(b).2) appears in AL rule Section 

420-3-26-.01(13), Units of Exposure and Dose. For consistency, we suggest deleting the

current Table I, ”Quality Factors and Absorbed Dose Equivalencies,” from Section 

420-3-26-.03 (3) and replacing with a cross-reference to the compatible definition in

Section 420-3-26-.01(13), Units of Exposure and Dose, that contains the equivalent

Tables I and II. 
COMMENTS ON PROPOSED ALABAMA REGULATIONS

AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES

State

Regulation

NRC

Regulation

RATS

ID

Category Subject and Comments

Section 420-3-26-.03

(24.4) paragraph (c)

(4) (viii)

20.1703 1993-3 D/H&S Section 420-3-26-.03 (24.4)

paragraph (c) (4) (viii)

“Recordkeeping; and” has been

omitted from page 39 of the

State rule. The current

paragraph (viii) should be

changed to (vii). Incorporated

into final rule. No further

action necessary.

Section 430-3-26-

24.4 (g)

20.1703

(6)(g)

1993-3 D/H&S Paragraph (g)(3) and (4), a

typographical error occurred;

replace “10 ppp or less” and

“100 ppp or less” with 10 ppm or

less” and “1000 ppm or less.”

Incorporated into final rule. 

No further action necessary.
STATE REGULATION STATUS

State: ALABAMA [One amendment reviewed is identified by a  at Tracking Ticket Number: 2-4

the beginning of the equivalent NRC regulation.] Date: April 25, 2002

NRC Chronology Identification FR Notice 

(Due Date for StateImplementation)

RATS ID Proposed (P) /

Final (F)1 Rule

/ 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; 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 fromManufacturer’s Instructions-Parts 30,35

57 FR 45566; (none)

1992-2 

Decommissioning Recordkeeping and License Termination: DocumentationAdditions [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 
NRC Chronology Identification FR Notice 

(Due Date for StateImplementation)

RATS ID Proposed (P) /

Final (F)1 Rule

/ ML #5

Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPAStandards-Part 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 ByproductMaterial for Medical 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 ProtectionEquipment-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 CriteriaParts 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 AgencyPart 71 60 FR 50248; 61 FR 28724

(4/1/99)

1996-1 F 

One Time Extension of Certain Byproduct, Source and Special NuclearMaterials Licenses-Parts 30, 40, 70

61 FR 1109; (none) 1996-2 

Termination or Transfer of Licensed Activities: Recordkeeping RequirementsParts 20, 30, 40, 61, 70 61 FR 24669; (6/17/99) 1996-3 F 
NRC Chronology Identification FR Notice 

(Due Date for StateImplementation)

RATS ID Proposed (P) /

Final (F)1 Rule

/ ML #5

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

61 FR 65120;(1/9/00)

1997-1 F 

Recognition of Agreement State Licenses in Areas Under Exclusive FederalJurisdiction Within an Agreement State-Part 150

62 FR 1662;(2/27/00)

1997-2 F 

Criteria for the Release of Individuals Administered Radioactive MaterialParts 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 forIndustrial Radiography 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 Microcurie ofCarbon-14 Urea-Part 30 

62 FR 63634;(1/02/01)

1997-7 F 

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

63 FR 13773(2/12/01)

1998-1 F

ML012130388

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-BondIssuing Licensees- 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 forIndustrial Radiographic 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 ConformingAmendment-Part 20

63 FR 50127;(11/20/01)

1998-6 F 

Radiological Criteria for License Termination of Uranium Recovery FacilitiesPart 40 64 FR 17506; (6/11/02) 1999-1 
NRC Chronology Identification FR Notice 

(Due Date for StateImplementation)

RATS ID Proposed (P) /

Final (F)1 Rule

/ ML #5

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 

Adequacy and Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p

1995.

5. ADAMS ML Number

Requirements for Those Who Possess Certain Industrial Devices ContainingByproduct Material 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 P

ML020650412FML021090092

Energy Compensation Sources for Well Logging and Other RegulatoryClarifications-Part 39

65 FR 20337;(5/17/03)

2000-1

New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750;

(1/8/04)

2000-2