June 19, 2008 

Gary Butner, Acting Branch Chief 

Radiologic Health Branch 

Division of Food, Drug, & Radiation Safety 

CA Department of Health Services 

P.O. Box 997414, MS-7610 

Sacramento, CA 95899-7414 

Dear Mr. Butner: 

We have reviewed the final changes to the California regulations, Radiation Control Regulations 

addressing Industrial Radiography, received by our office on April 25, 2008. These regulations 

were reviewed by comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 

10 CFR Part 34 and the requirements of the five amendments identified in the enclosed State 

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

Phillip Scott on June 19, 2008. 

As noted in All Agreement States letter FSME-08-047, dated June 16, 2008, NRC staff will 

continue to hold in abeyance any determination on the surveillance requirement and 

compatibility of 10 CFR 34.41(a), in Texas and any other State that is implementing 10 CFR 

34.41(a) in a similar way. 

As a result of our review against 34.41(a), we have one comment that has been identified in the 

enclosure. As stated above, comment 5 will be held in abeyance and there is no corrective 

action required for this comment at this time. 

As a result of the rest of our review, we have ten 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 Federal and State 

Materials and Environmental Management Programs (FSME) Procedure SA-200. 

We request that when you revise your regulations to address our comments, a copy of the Aas 

published@ regulations be provided to us for review. As requested in FSME Procedure SA-201, 

AReview of State Regulatory Requirements,@ please highlight the location of any changes made 

by California, in response to our comment, and provide a copy to Division of Materials Safety 

and State Agreements, FSME. 

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

and legally binding requirements, 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 website: http://nrcstp.ornl.gov/rulemaking.html. 
Gary Butner, Acting Branch Chief -2- June 19, 2008 

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: 

kathleen.schneider@nrc.gov) or Monica Orendi at (301) 415-3938 (email: 

monica.orendi@nrc.gov). 

Sincerely, 

/ RA / 

James G. Luehman, Deputy Director 

Division of Materials Safety and State Agreements 

Office of Federal and State Materials and 

Environmental Management Programs 

Enclosures: 

As stated 
Gary Butner, Acting Branch Chief -2- June , 2008 

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: 

kathleen.schneider@nrc.gov) or Monica Orendi at (301) 415-3938 (email: 

monica.orendi@nrc.gov). 

Sincerely, 

/ RA / 

James G. Luehman, 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 (8-55) SUNSI Review Complete 

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

RErickson, RSAO : Non-Sensitive G Sensitive 

MOrendi [CA] File 

DOCUMENT NAME: G:\DMSSA\SAISB\REGULATION TOOLBOX\STATES\CALIFORNIA\8-55\8-55.DOC 

 ML of Incoming Document: ML081160234 

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 SAISB SAISB OGC SAIS:BC MSSA: D 

NAME MOrendi KSchneider BJones DWhite JLuehman

DATE 06/02/08* 06/02/08* 06/18/08* 06/19/08* 06/19/08* 

ML081710246 OFFICIAL RECORD COPY PKG. ML081710272
 COMPATIBILITY COMMENTS ON CALIFORNIA FINAL REGULATIONS 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

1 30330 (15) 34.3 1997-5 B Definition: Industrial Radiography 

California omits the words 

“nondestructive testing” from its 

definition. California’s definition 

should read “means the examination 

of the physical structure, but not the 

microscopic structure, or elemental or 

chemical composition of materials, 

other than human beings or animals, 

using nondestructive testing, 

utilizing radiation.” 

California needs to make the above 

change in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 34.3 Definition 

Industrial Radiography. 

2 30330 (18)

 

34.3 1997-5 B Definition: Radiographer 

Certification 

California omits the words “from a 

certifying entity listed in 30335.3”. 

California needs to add the above 

phrase after the word “approval” in 

order to meet the Compatibility 

Category B designation assigned to 

10 CFR 34.3 Definition Radiographer 

Certification. 

3 30332.5 34.29 1997-5 C Quarterly Inventory 

California does not include devices 

containing depleted uranium in 

30332.5. 

California needs to add devices 

containing depleted uranium to 

30332.5 in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 34.29. 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

4 N/A 34.35 1997-5 B Labeling, Storage, and 

Transportation 

California omits this section from their 

regulations. 

California needs to adopt an 

essentially identical regulation in order 

to meet the Compatibility Category B 

designation assigned to 10 CFR 

34.35. 

5 303334 34.41 1997-5 B Conducting Industrial Radiographic 

Operations 

California omits the requirements of 

the additional qualified individual in 

30334. Also California omits an 

equivalent paragraph to 10 CFR 34.41 

(b). 

California needs to make the above 

changes in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 34.41. 

The NRC will continue to hold 

compatibility determinations in this 

area in abeyance until the final rule is 

published and the Agreement State 

implementation date becomes 

effective. As noted in STP Letter 05-

025, NRC staff will continue to defer 

compatibility findings on the 

implementation of the surveillance 

component of the Two-Person Rule in 

Texas and any other State that is 

implementing 10 CFR 34.41(a) in a 

similar way. 

6 30334(d) 34.51 1997-5 C Surveillance 

California removes the word “direct” 

from their regulations. 

California needs to add the word 

“direct” before the words “visual 

surveillance” in order to meet the 

Compatibility Category C designation 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

assigned to 10 CFR 34.51 

7 30332.5 34.69 1997-5 C Records of Quarterly Inventory. 

California omits “and devices 

containing depleted uranium” from 

30332.5 (a). 

California omits “and manufacturer, 

model and serial number of each 

sealed source and/or device as 

appropriate.” from 30332.5 (b). 

California needs to add the above 

phrases in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 34.69. 

8 30332.6 34.71 1997-5 B Utilization Logs 

California uses the words “or make, 

model, and serial number...” when it 

should read “including the make 

model and serial number...” 

California needs to remove the “or” 

and replace it with “including the” in 

order to meet the Compatibility 

category B designation assigned to 10 

CFR 34.71. 

9 30333(f) 34.79 1997-5 C Records of training and 

certification 

California does not adopt the essential 

objectives of 10 CFR 34.79 in 

30333(f). California needs to list the 

items required to be included in the 

record in 10 CFR 34.79 (a) and (b). 

California needs to make the above 

change in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 34.79. 

10 N/A 34.81 1997-5 C Copies of Operating and 

Emergency Procedures 

California omits the essential 

elements of this section from their 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

regulations. 

California needs to adopt the essential 

elements of 10 CFR 34.81 in order to 

meet the Compatibility Category C 

designation assigned to 10 CFR 

34.81. 

11 30332.8 34.101 1997-5 C Notifications 

In California’s statements of 

consideration they state that the 

deleted requirements are duplicative 

and not needed. However by 

removing the text “Reports of 

overexposure submitted under title 10, 

Code of Federal Regulations 

section 20.2203, incorporated by 

reference in section 30253, which 

involve failure of safety 

components of radiography 

equipment shall also include the 

information specified in subsection 

(b).” California’s regulation becomes 

less restrictive and therefore not 

Compatible with NRC. 

California needs to add the above text 

to 30332.8 in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 34.101. 
STATE REGULATION STATUS

State: California Track[5 amendment(s) reviewed is identified by a i Date: 

at the beginning of the equivalent NRC requirement.] 

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

i1991-1 Safety Requirements for Radiographic Equipment 

Part 34 55 FR 843 (Superceded by 1997-5) 

01/10/1994 Not Required Not Required California 

Regulation1997-5. 

1991-2 ASNT Certification of Radiographers 

Part 34 56 FR 11504 (Superceded by 1997-5) 

none Not Required Not Required California 

Regulation1997-5. 

1991-3 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; 

01/01/1994 Final 

ML020030346 

No Comments 03/18/2002 ML020780186 

1991-4 Notification of Incidents 

Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; 

10/15/1994 Final No Comments 

04/01/1998 

1992-1 Quality Management Program and Misadministrations 

Part 35 56 FR 34104 (Superceded by 2002-2)

01/27/1995 California 

Regulation2002-2. 

1992-2 Eliminating the Recordkeeping Requirements 

for Departures from Manufacturer's Instructions Parts 30, 35 57 FR 45566 

none Not Required Not Required These reg

required to Compatib

1993-1 Decommissioning Recordkeeping and License 

Termination: Documentation Additions [Restricted areas 

and spill sites] Parts 30, 40 58 FR 39628 

10/25/1996 Final 

ML022140223 

Comments 08/22/2002 ML022350054 

1993-2 Licensing and Radiation Safety Requirements for 

Irradiators Part 36 58 FR 7715 

07/01/1996 License Condition 

ML051670371 

No Comments 07/01/2005 ML051810407 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1993-3 Definition of Land Disposal and Waste Site QA Program 

Part 61 58 FR 33886 

07/22/1996 Not Applicable1 Not Applicable California 

subject to SECY-95-

1994-1 Self-Guarantee as an Additional Financial Mechanism 

Parts 30, 40, 70 58 FR 68726; 59 FR 1618 

none Final No Comments 

04/01/1998 These reg

required to Compatib

1994-2 Uranium Mill Tailings Regulations: Conforming NRC 

Requirements to EPA Standards Part 40 59 FR 28220 

07/01/1997 Not Applicable Not Applicable California 

regulate thAgreemen

1994-3 Timeliness in Decommissioning Material Facilities 

Parts 30, 40, 70 59 FR 36026 

08/15/1997 

1995-1 Preparation, Transfer for Commercial Distribution, and 

Use of Byproduct Material for Medical Use Parts 30, 32, 35 59 FR 61767; 59 FR 65243; 60 FR 322 

01/01/1998 Final No Comments 

11/16/1999 

1995-2 Frequency of Medical Examinations for Use of 

Respiratory Protection Equipment Part 20 60 FR 7900 

03/13/1998 Final 

ML020030346 

No Comments 03/18/2002 ML020780186 

1995-3 Low-Level Waste Shipment Manifest Information and 

Reporting Parts 20, 61 60 FR 15649; 60 FR 25983 

03/01/1998 Final 

ML020030346 

No Comments 03/18/2002 ML020780186 

i1995-4 Performance Requirements for Radiography Equipment 

Part 34 60 FR 28323 (Superceded by 1997-5) 

06/30/1998 Not Required Not Required California 

Regulation1997-5. 

1995-5 Radiation Protection Requirements: Amended Definitions 

and Criteria Parts 19, 20 60 FR 36038 

08/14/1998 Final 

ML020030346 

No Comments 03/18/2002 ML020780186 

1995-6 Clarification of Decommissioning Funding Requirements 

Parts 30, 40, 70 60 FR 38235 

11/24/1998 Final No Comments 

04/01/1998 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1995-7 Medical Administration of Radiation and Radioactive 

Materials Parts 20, 35 60 FR 48623 (Superceded by 2002-2 and 2005-2) 

10/20/1998 California 

Regulation2002-2 an

1996-1 Compatibility with the International Atomic Energy Agency

Part 71 60 FR 50248; 61 FR 28724 (Superceded by 2004-1) 

04/01/1999 California 

Regulation2004-1. 

1996-2 One Time Extension of Certain Byproduct, Source and 

Special Nuclear Materials Licenses Parts 30, 40, 70 61 FR 1109 

02/15/1999 Not Required Not Required These reg

required to Compatib

1996-3 Termination or Transfer of Licensed Activities: Record 

keeping Requirements Parts 20, 30, 40, 61, 70 61 FR 24669 

06/17/1999 Final 

ML020030346 

No Comments 03/18/2002 ML020780186 

1997-1 Resolution of Dual Regulation of Airborne Effluents of 

Radioactive Materials; Clean Air Act Part 20 61 FR 65120 

01/9/2000 Final 

ML020030346 

No Comments 03/18/2002 ML020780186 

1997-2 Recognition of Agreement State Licenses in Areas Under 

Exclusive Federal Jurisdiction Within an Agreement StatePart 150 62 FR 1662 

02/27/2000 Final 

ML022140223 

Comments 08/22/2002 ML022350054 

1997-3 Criteria for the Release of Individuals Administered 

Radioactive Material Parts 20, 35 62 FR 4120 

05/29/2000 Final 

ML020030346 

No Comments 03/18/2002 ML020780186 

1997-4 Fissile Material Shipments and Exemptions 

Part 71 62 FR 5907 (Superceded by 2004-1) 

02/10/2000 Not Required Not Required These reg

required to Compatib

i1997-5 Licenses for Industrial Radiography and Radiation Safety 

Requirements for Industrial Radiography Operations Parts 30, 34, 71, 150 62 FR 28947 

06/27/2000 Final 

ML081160234 

Comments 06/19/2008 ML081710246 

1997-6 Radiological Criteria for License Termination 08/20/2000 This regul
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

Parts 20, 30, 40, 70 62 FR 39057 

and found ML 02078repealed ocurrently tby case b

1997-7 Exempt Distribution of a Radioactive Drug Containing 

One Micro curie of Carbon-14 Urea Part 30 62 FR 63634 

01/02/2001 Final 

ML081080140 

No Comments 05/13/2008 ML081340266 

1998-1 Deliberate Misconduct by Unlicensed Persons 

Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773 

02/12/2001 Final 

ML060340073 

No Comments 03/09/2006 ML060670437 

1998-2 Self-Guarantee of Decommissioning Funding by Nonprofit 

and Non-Bond-Issuing Licensees Parts 30, 40, 70 63 FR 29535 

07/01/2001 Not Required Not Required These reg

required to Compatib

1998-3 License Term for Medical Use Licenses 

Part 35 63 FR 31604 (Superceded by 2002-2) 

07/10/2001 Not Required Not Required These reg

required to Compatib

i1998-4 Licenses for Industrial Radiography and Radiation Safety 

Requirements for Industrial Radiographic Operations Part 34 63 FR 37059 

07/09/2001 Final 

ML081160234 

No Comments 06/19/2008 ML081710246 

1998-5 Minor Corrections, Clarifying Changes, and a Minor Policy 

Change Parts 20, 35, 36 63 FR 39477; 63 FR 45393 

10/26/2001 Final 

ML020030346 

No Comments 03/18/2002 ML020780186 

1998-6 Transfer for Disposal and Manifests: Minor Technical 

Conforming Amendment Part 20 63 FR 50127 

11/20/2001 Final 

ML020030346 

No Comments 03/18/2002 ML020780186 

1999-1 Radiological Criteria for License Termination of Uranium 

Recovery Facilities Part 40 64 FR 17506 

06/11/2002 Not Applicable Not Applicable California 

regulate thAgreemen

1999-2 Requirements for Those Who Possess Certain Industrial 10/04/2002 Not Required Not Required These reg
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

Devices Containing Byproduct Material to Provide Requested Information Part 31 64 FR 42269 

required to Compatib

1999-3 Respiratory Protection and Controls to Restrict Internal 

Exposure Part 20 64 FR 54543; 64 FR 55524 

02/02/2003 Final 

ML062210438 

No Comments 08/31/2006 ML062490010 

2000-1 Energy Compensation Sources for Well Logging and 

Other Regulatory Clarifications Part 39 65 FR 20337 

05/17/2003 Final 

ML070920384 

No Comments 04/23/2007 ML071140038 

i2000-2 New Dosimetry Technology 

Parts 34, 36, 39 65 FR 63750 

01/08/2004 Final 

ML081160234 Final ML070920384 LC ML051580164 ML061790298 

No Comments 06/19/2008 ML081710246 No Comments 04/23/2007 ML071140038 No Comments 07/18/2006 ML061990575 

Part 34 Part 39 Part 36 ad

2001-1 Requirements for Certain Generally Licensed Industrial 

Devices Containing Byproduct Material Parts 30, 31, 32 65 FR 79162 

02/16/2004 License Condition 

for 32.52 (a) & (b) ML040500440 

No Comments 03/10/2004 ML040700191 

2002-1 Revision of the Skin Dose Limit 

Part 20 67 FR 16298 

04/05/2005 Final 

ML062210438 

No Comments 08/31/2006 ML062490010 

2002-2 Medical Use of Byproduct Material 

Parts 20, 32, 35 67 FR 20249 

10/24/2005 Final 

ML062210438 

No Comments 08/31/2006 ML062490010 

Partial subPart 20 reParts 32 areviewed. 

2003-1 Financial Assurance for Materials Licensees 

Parts 30, 40, 70 

12/03/2006 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

68 FR 57327 

2004-1 Compatibility With IAEA Transportation Safety Standards 

and Other Transportation Safety Amendments Part 71 69 FR 3697 

10/01/2007 

2005-1 Security Requirements for Portable Gauges Containing 

Byproduct Material Part 30 70 FR 2001 

07/11/2008 License Condition 

ML062920179 

No Comments 11/09/2006 ML063130004 

2005-2 Medical Use of Byproduct Material - Recognition of 

Specialty Boards Part 35 70 FR 16336; 71 FR 1926 

04/29/2008 

2005-3 Increased Controls for Risk-Significant Radioactive 

Sources (NRC Order EA-05-090)

70 FR 72128 

12/01/2005 License Condition 

ML081280851 

No Comments 05/13/2008 ML081340260 

California Condition FingerprinLicense Coriginal licat ML0530sent 11/04ML053080

2006-1 Minor Amendments 

Parts 20, 30, 32, 35, 40 and 70 71 FR 15005 

03/27/2009 

2006-2 National Source Tracking System - Serialization 

Requirements Part 32 with reference to Part 20 Appendix E 71 FR 65685 

02/06/2007 License Condition 

ML070360575 

No Comments 02/16/2007 ML070470007 

2006-3 National Source Tracking System 

Part 20 71 FR 65685, 72 FR 59162 

01/31/2009 

2007-1 Medical Use of Byproduct Material - Minor Corrections 

and Clarifications Parts 32 and 35 72 FR 45147, 54207 

10/29/2010 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

2007-2 Exemptions From Licensing, General Licenses, and 

Distribution of Byproduct Material: Licensing and Reporting Requirements Parts 30, 31, 32, 150 72 FR 58473 

12/17/2010 

2007-3 Requirements for Expanded Definition of Byproduct 

Material Parts 20, 30, 31, 32, 33, 35, 61, 150 72 FR 55864 

11/30/2010 

2007-4 Order Imposing Fingerprinting Requirements and 

Criminal History Records Check Requirements for Unescorted Access to Certain Radioactive Material NRC Order EA-07-305 72 FR 70901 

06/05/2008 License Condition 

ML081280851 

No Comments 05/13/2008 ML081340260 

2008-1 Occupational Dose Records, Labeling Containers, and 

Total Effective Dose Equivalent Parts 19, 20 72 FR 68043 

02/15/2011 

1 IMPEP Team: verify that California does not have any licensees subject to these regulations during each review.