June 30, 2005

Edgar D. Bailey, C.H.P., Chief

Radiologic Health Branch

MS 7610

PO Box 997414

Sacramento, CA 95899-7414

Dear Mr. Bailey:

We have reviewed the proposed changes to the California regulations in the Radiation Control

Law (Health and Safety Code, 114960-115273), received by our office on May 27, 2005. These

regulations were reviewed by comparison to the equivalent Nuclear Regulatory Commission

(NRC) rules in 10 CFR Parts 34 and the requirements of the five amendments identified in the

enclosed State Regulation Status (SRS) Data Sheet. We discussed our review of the

regulations with you on June 30, 2005.

As a result of our review, we have 10 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 note that California has proposed regulations based on the State of Texas’ implementation

of the 10 CFR 34.41(a), commonly known as the “Two-Person Rule,”

which is the subject of Agreement State Letter STP 05-025 dated March 25, 2005. California’s

proposed revision will allow California licensees the flexibility to determine when radiographic

operations can be conducted safely where the first radiographer could observe operations and

prevent intrusion into the restricted area while the second radiographer is nearby engaged in

other job-related activities. The Organization of Agreement States plans to file a petition for

rulemaking with NRC to revise 10 CFR 34.41(a). In accordance with the guidance in STP 05-

025, NRC will hold in abeyance compatibility findings on this provision of the proposed

regulations until NRC issues a determination on the petition for rulemaking.

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 California 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. 

Mr. Edgar D. Bailey -2- June 30, 2005
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/

Dennis Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated

Mr. Edgar D. Bailey -2- June 30, 2005
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/

Dennis Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated

SISP Review Complete 

: Publicly Available G Non-Publicly Available

: Non-Sensitive G Sensitive

Distribution:

DIR RF [5-168] DCD (SP08) PDR (YEST) BUsilton

LMcLean, RSAO, RIV California File Response to Incoming Document: ML 051670371 

DOCUMENT NAME: C:\MyFiles\Copies\CA 5-159.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 STP STP OGC STP:DD

NAME JTobin WRautzen STreby DRathbun

DATE 06/23/05* 06/23/05* 06/29/05* 06/30/05*

ML OFFICIAL RECORD COPY
COMPATIBILITY COMMENTS ON CALIFORNIA PROPOSED REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 30330(b) 34.3 1997-5 C Definitions

California has omitted the definition of

“field station”. 

California needs to add the definition

of “field station” to 30330(b) to meet

the Compatibility Category C

designation assigned to this definition

in Section 10 CFR 34.3.

2 30330(b) 34.3 1997-5 C Definitions

California has omitted the definition of

“hands-on experience”. 

California needs to add the definition

of “hands-on experience” to 30330(b)

to meet the Compatibility Category C

designation assigned to this definition

in Section 10 CFR 34.3.

3 30330(b) 34.3 1997-5 B Definitions

California has omitted the definition of

“independent certifying organization”

California needs to add the definition

of “independent certifying

organization” to 30330(b) to meet the

Compatibility Category B designation

assigned to this definition in Section

10 CFR 34.3.

4 30330(b) 34.3 1997-5 B Definitions

California has proposed a different

definition for the term “radiographer

certification” which does not include

“written approval received from a

certifying entity stating that an

individual has satisfactorily met

certain established radiation safety,

testing, and experience criteria” . 

California needs to modify the

definition of “radiographer

certification” in 30330(b) to meet the

Compatibility Category B designation

assigned to this definition in Section

10 CFR 34.3.
COMPATIBILITY COMMENTS ON CALIFORNIA PROPOSED REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

5 30330(b) 34.3 1997-5 B Definitions

California has omitted the definition

for the term “temporary jobsite”. 

California needs to add the definition

of “temporary jobsite” to 30330(b) to

meet the Compatibility Category B

designation assigned to this definition

in Section 10 CFR 34.3.

6 30332(a) 34.21 1991-1 B Limit on levels of radiation for

radiographic exposure devices and

storage containers

California’s proposed date for “grandfathering” radiographic exposure

devices and storage is later than

federal regulations. The proposed

dates should be “all equipment

manufactured prior to January 10,

1991. After January 10, 1995,

radiographic equipment other than

storage containers and source

changers must meet the requirements

of § 34.20, and § 34.21 applies only

to storage containers (source

changers).”

California needs to revise 30332(a) to

meet the Compatibility Category B

designation assigned to Section 10

CFR 34.21.

7 30332.4 34.27(c) 1998-4 C Leak testing and replacement of

sealed sources

California has omitted the

requirements of 10 CFR 34.27(c). 

California needs to add this

paragraph to 30332.4 to meet the

Compatibility Category C designation

assigned to of Section 10 CFR

34.27(c).
COMPATIBILITY COMMENTS ON CALIFORNIA PROPOSED REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

8 30332.4 34.67 1998-4 C Records of leak testing

California has omitted the

requirements 10 CFR 34.67. 

California needs to add this

paragraph to 30332.4 to meet the

Compatibility Category C designation

assigned to this part of Section 10

CFR 34.3.

9 30332.4 34.87 1998-4 C Forms of records

California has omitted the

requirements of 10 CFR 34.87. 

California needs to add this

paragraph to 30332.4 to meet the

Compatibility Category C designation

assigned to Section 10 CFR 34.87.

10 30332.4 34.89 1998-4 C Location of records

California has omitted the

requirements 10 CFR 34.89. 

California needs to add this

paragraph to 30332.4 to meet the

Compatibility Category C designation

assigned to Section 10 CFR 34.89.
STATE REGULATION STATUS

State: California Tracking Ticket Nu[Five Amendments reviewed are identified by a i Date: June 30, 200

 at the beginning of each equivalent NRC regulation)

NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID

Proposed (/ Final (F)1

Rule / ML #

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

ML0515801

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

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) 1992-1

Eliminating the Recordkeeping Requirements for Departures from Manufacturer'sInstructions-Parts 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 F

ML0221402

Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2Definition 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 Standards-Part40

59 FR 28220; (7/1/97) 1994-2

Timeliness 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 for MedicalUse-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

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

i Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 P

ML0515801

Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 F

ML0200303
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID

Proposed (/ Final (F)1

Rule / ML #

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 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 F

ML0200303

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air ActPart 20 61 FR 65120; (1/9/00) 1997-1 FML0200303Recognition 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 i Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial

Radiography Operations-Parts 30, 34, 71, 150

62 FR 28947; (6/27/00) 1997-5 P

ML0515801

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

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 i Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial

Radiographic Operations-Part 34

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

ML0515801

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
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID

Proposed (/ Final (F)1

Rule / ML #

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 P

Adequacy and Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p. 1995.

5. ADAMS ML Number6. Although these items are not required for purposes of compatibility, the State incorporate NRC regulations by reference on 10/9

items.

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

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

ML0515801

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

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

conditions32.52 (a) & 

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; (4/29/08) 2005-2