January 17, 2006

Edgar D. Bailey, CHP., Chief 

Radiologic Health Branch 

Div. of Food, Drugs, & Radiation Safety 

California Dept of Health Services 

P.O. Box 997414, MS 7610 

Sacramento, CA 95899-7414 

Dear Mr. Bailey:

We have reviewed the proposed changes to the California regulations

 were reviewed by

comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 34,

36, 39 and the requirements of the two amendments identified in the enclosed State Regulation

Status (SRS) Data Sheet. We discussed our review of the regulations with Phillip Scott on

January 12, 2006.

As a result of our review, we have three 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. Under our current procedure, a finding that the California regulations meet

the compatibility and health and safety categories of the equivalent NRC regulation may only be

made based on a review of the final California regulations. However, we have determined that

if your proposed regulations were adopted, 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 the proposed regulations are adopted and published as final regulations,

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 final

changes and provide a copy to STP.

The SRS Data Sheet summarizes our knowledge of the status of other [State Name] 

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.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 Sandra Lai 

at (301) 415-4012 or by e-mail at SXL5@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
January 17, 2006

Edgar D. Bailey, CHP., Chief 

Radiologic Health Branch 

Div. of Food, Drugs, & Radiation Safety 

California Dept of Health Services 

P.O. Box 997414, MS 7610 

Sacramento, CA 95899-7414 

Dear Mr. Bailey:

We have reviewed the proposed changes to the California regulations

 were reviewed by

comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 34,

36, 39 and the requirements of the two amendments identified in the enclosed State Regulation

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

on January 12, 2006.

As a result of our review, we have three 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. Under our current procedure, a finding that the California regulations meet

the compatibility and health and safety categories of the equivalent NRC regulation may only be

made based on a review of the final California regulations. However, we have determined that

if your proposed regulations were adopted, 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 the proposed regulations are adopted and published as final regulations,

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 final

changes and provide a copy to STP.

The SRS Data Sheet summarizes our knowledge of the status of other [State Name] 

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.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 Sandra Lai 

at (301) 415-4012 or by e-mail at SXL5@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: As stated

Distribution:

DIR RF ([5-380]) SISP Review Complete

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

[Name], RSAO G Non-Sensitive G Sensitive

[Name], ASPO Wrautzen [California] File

DOCUMENT NAME: E:\FileNET\ML060170651.wpd Incoming Document:ML053530133

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 SLai STreby KNSchneider for DRathbun

DATE 12/21/2005* 01/05/2006* 01/17/2006*

ML060170651 OFFICIAL RECORD COPY
CALIFORNIA REGULATIONS COMMENT CHART

STATE SECTION NRC

SECTION

RATS ID CATEGORY SUBJECT and COMMENTS

1 17CRR§30346.3 §39.35 2000-1 C Leak testing of sealed sources

California has omitted the

requirements of 10 CFR §39.35

(c)(2). This requirement mandates

that ECS must be tested at intervals

not to exceed 3 years. In the absence

of a certificate from a transferor that a

test has been made within the 3 years

before the transfer, the ECS may not

be used until tested.

California needs to add this

paragraph to 17CRR§30275 to meet

the Compatibility Category C

designation assigned to Section 10

CFR §39.35 (c)(2).

2 17CRR§30350.3 §39.77 2000-1 C Notification of incidents and lost

sources; abandonment 

procedures for irretrievable

sources

California has omitted the

requirements of 10 CFR

§39.77(c)(1)(ii) and (d)(9). This

requirement mandates that the

licensee implemented abandonment

before receiving NRC approval

because the licensee believed there

was an immediate threat to public

health and safety; and

the immediate threat to public health

and safety justification for

implementing abandonment if prior

NRC approval was not obtained in

accordance with paragraph (c)(1)(ii)

of this section.

California needs to add this

paragraph to 17CRR§30350.3 to

meet the Compatibility Category C

designation assigned to Section 10

CFR §39.77(c)(1)(ii) and (d)(9).
STATE SECTION NRC

SECTION

RATS ID CATEGORY SUBJECT and COMMENTS

3 17 CRR

§30348.3

§36.55-- 2001-2 H&S Personnel monitoring 

California has not yet submitted the

section of the California regulations

pertaining to 10CFR §36.55.

California needs to add these

requirements through the revision to

their equivalent Part 36 regulations or

legal binding requirements to meet

the Compatibility Category H&S

designation assigned to 10 CFR

§36.55. 
STATE REGULATION STATUS

State: California Tracking Tick[2 amendments are identified by a i Date: 1/17/00

 at the beginning of the equivalent NRC requirement]

NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID

Proposed Final (F)1 R

/LicenseCondition /ML #5

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

ML0221402

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 F

ML0200303

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) 1992-1Eliminating the Recordkeeping Requirements for Departures from Manufacturer'sInstructions-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

ML0221402

Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 F

ML0515801FML0516703

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) 1994-2Timeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material forMedical Use-Parts 30, 32, 35

59 FR 61767; 59 FR 65243;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 
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID

Proposed Final (F)1 R

/LicenseCondition /ML #5

ML0200303

Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983;

(3/1/98)

1995-3 F

ML0200303

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 F

ML0200303

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) 1995-710 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28724;

(4/1/99)

1996-1

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: Recordkeeping Requirements-Parts 20,30, 40, 61, 70

61 FR 24669; (6/17/99) 1996-3 F

ML0200303

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

61 FR 65120; (1/9/00) 1997-1 F

ML0200303

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

ML0221402

Criteria for the Release of Individuals Administered Radioactive Material-Parts 20, 35 62 FR 4120; (5/29/00) 1997-3 F

ML0200303

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

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

ML0200303

Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773;

(2/12/01)

1998-1 F

ML0507302
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID

Proposed Final (F)1 R

/LicenseCondition /ML #5

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

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

ML0200303

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

ML0200303

Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1Requirements 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

i Energy Compensation Sources for Well Logging and Other Regulatory ClarificationsPart 39 65 FR 20337; (5/17/03) 2000-1 PML0535301i New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2 P

ML0535301PML0515801

Requirements for Certain Generally Licensed Industrial Devices Containing ByproductMaterial - Parts 30, 31, 32

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

32.52 (a) & (
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID

Proposed Final (F)1 R

/LicenseCondition /ML #5

Revision of the Skin Dose Limit-Part 20 67 FR 16298; (4/5/05) 2002-1Medical Use of Byproduct Material-Parts 20, 32, and 35 67 FR 20249; (10/24/05) 2002-2Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327; (12/3/06) 2003-1Compatibility 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 Byprodcut Material - Part 30 70 FR 2001; (7/11/08) 2005-1Medical Use of Byproduct Material - Recognition of Speciality 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)7 70 FR 72128; (12/1/05) 2005-3 LC

ML0530601

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 compatibility4. A State need not adopt a specific regulation if the State has no licensees that would be subject to that regulation. See: “Final Policy Statement o

Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p. 6, SECY-95-112, May 3, 1995.

5. ADAMS ML Number6. By letter dated September 2, 2005, from Paul H. Lohaus, Director, Office of State and Tribal Programs, Agreement States were given 90 days to 

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