October 23, 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 August 31, 2006. These regulations were reviewed by comparison to the

equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 20, 30, 34, 39, 40,

and 70 and the requirements of the four amendments identified in the enclosed State

Regulation Status (SRS) Data Sheet. We discussed our review of the regulations with Sharon

Parker on October 23, 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 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 Louisiana, 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.

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 FSME\STP website: http://www.hrsd.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 Bill

Rautzen at (301) 415-7206 or by e-mail at wrr@nrc.gov.

Sincerely,

\RA By Scott 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
October 23, 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 August 31, 2006. These regulations were reviewed by comparison to the

equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 20, 30, 34, 39, 40,

and 70 and the requirements of the four amendments identified in the enclosed State

Regulation Status (SRS) Data Sheet. We discussed our review of the regulations with Sharon

Parker on October 23, 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 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 Louisiana, 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. 

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 FSME\STP website: http://www.hrsd.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 Bill

Rautzen at (301) 415-7206 or by e-mail at wrr@nrc.gov.

Sincerely,

\RA By Scott 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 (6-248) SUNSI Review Complete

DCD (SP08) : Publicly Available G Non-Publicly Available

LMcLean, RSAO : Non-Sensitive G Sensitive

KSchneider, ASPO WRautzen ML of Incoming Document:ML062480284

DOCUMENT NAME: C:\FileNet\ML062960278.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 FSME\MSSA\SAIS FSME\MSSA\SAIS OGC FSME\MSSA:DD

NAME WRautzen KSchneider STreby SMoore

DATE 10/12/06* 10/12/06* 10/17/06* 10/23/06*
ML062960278 OFFICIAL RECORD COPY MLPkg.062970002

COMPATIBILITY COMMENTS ON LOUISIANA FINAL REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 2004 and

2051.D 

39.15 2000-1 C AGREEMENT WITH WELL OWNER

OR OPERATOR

(This comment remains from the

letter from Josie Piccone, NRC, dated

8/26/04)

This section defines the minimum

written requirements with the well

owner or operator prior to performing

well logging. The State has placed

the notification aspects of these

requirements in 2051.D, but did not

revise 2004, to reflect the changes

needed. The reference in 2004 is

incorrect and the information in

2051.D is incomplete. 

Louisiana needs to include all of the

requirements of 39.15 and correct the

cross reference in their regulations to

meet the Compatibility Category C

designation assigned to Section 10

CFR 39.15. 

2 2017.A and

2017.E

39.41 2000-1 B DESIGN AND PERFORMANCE

CRITERIA FOR SOURCES

(This comment remains from an STP

letter dated 8/26/04)

This section defines minimum design

and performance criteria for sources.

The State has added 2017.E to

include the new requirements and

retained the existing language in

2017.A. The regulation is confusing

and duplicative with the different

dates and different requirements. 

Louisiana needs to revise 2017.A and

2017.E to meet the Compatibility

Category B designation assigned to

Section 10 CFR 39.41.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

3 2017.F.2 39.53(b) 2000-1 C ENERGY COMPENSATION

SOURCE

(This comment remains from an STP

letter dated 8/26/04)

This section lists the sections that

apply to Energy Compensation

Sources (ECS) applications without a

surface casing for fresh water

aquifers. The State reference to the

equivalent to 39.15 is missing and the

State makes reference to the

equivalent of 39.41(Subsection E to

2017) which should not be

referenced. 

Louisiana needs to include the

equivalent reference to 39.15 and

remove the equivalent State

reference to 39.41 listed in 39.53(b)

to meet the Compatibility Category C

designation assigned to Section 10

CFR 39.53(b).

4 2017.E.3 39.41(f) 2000-1 B DESIGN AND PERFORMANCE

CRITERIA FOR SOURCES

(This comment remains from an STP

letter dated 8/26/04)

The State regulations require that

ECS must be registered with the

State and do not allow ECS to be

registered with NRC or other

Agreement States.

Louisiana needs to allow registration

of ECS with NRC or other Agreement

States in 2017.E.3 to meet the

Compatibility Category B designation

assigned to Section 10 CFR 39.41(f).
STATE REGULATION STATUS

State: Louisiana Tracking [4 Amendments reviewed identified by a i Date: O

 the beginning of the equivalent NRC requirement.] 

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 

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 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed Final (F)1 

/ LicenseCondition ML #5

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 Within

an 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

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
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed Final (F)1 

/ LicenseCondition ML #5

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 iLicenses for Industrial Radiography and Radiation Safety Requirements for Industrial

Radiographic Operations-Part 34

63 FR 37059; (7/9/01) 1998-4 F

ML0624802

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

45393;(10/26/01)

1998-5 F

ML0115103

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

ML0624802

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

ML061720

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

ML0624802

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

ML0418803

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

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 com3. 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 

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

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.

iFinancial Assurance for Materials Licensees- Parts 30, 40, 70 68 FR 57327 (12/03/06) 2003-1 F

ML0624802

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 LC

ML052900

Minor Amendments - Part 20,30,32,35,40 and 70 71FR15005 (03/27/09) 2006-1