August 20, 2007

Gary W. Butner, Acting Chief 

Radiologic Health Branch 

CA Department of Health Services

P.O. Box 997414, MS 7610 

Sacramento, CA 95899-7414

Dear Mr. Butner:

We have reviewed California’s “Health and Safety Code- Radiation Control Law” contained in

Section 115261 received by our office on June 25, 2007. The legislation was reviewed by

comparison to 10 CFR 61, “Licensing Requirements for Land Disposal of Radioactive Waste“. 

We discussed our review of the legislation with you on August 9, 2007.

We offer the following comments:

1. As noted in a letter to the State dated April 9, 2002, California proposed an amendment

that would “ensure no radioactive material will be released into the environment.” This is

not compatible with NRC’s requirements in 10 CFR 61. While that specific statement is

not in the latest version of Section 115261 sent in for NRC review, there is a

requirement that states:

“The department may issue a license to dispose of low-level radioactive waste

pursuant to this chapter only if the department determines there is a

preponderance of scientific evidence that there is not a hydrologic pathway

whereby the Colorado River or any other agricultural or drinking water source

could be contaminated with radioactive waste and harm public health or the

environment.” 

This is incompatible with 10 CFR 61.41, one requirement of which states that: 

“Reasonable effort should be made to maintain releases of radioactivity in

effluents to the general environment as low as is reasonably achievable.” 

Due to 10 CFR 61 having a Compatibility Category A designation, California’s statute is

more restrictive, and does not meet the compatibility Category A designation assigned

to 10 CFR 61.41. California needs to adopt the language of 10 CFR 61.41 to meet the

Compatibility Category A designation of the rule.

2. Also noted in the letter dated April 9, 2002, was California requirement that “any

low-level radioactive waste site licensee provide continual monitoring and repackaging

of materials to prevent release.” The latest version of Section 115261 sent in for NRC

review no longer has the waste repackaging requirement, but the requirement for

continual monitoring still remains in 115261(b)(2), which states:
Gary Butner, Acting Chief -2- August 20, 2007

“Provide visual inspection or remote monitoring to detect potential or actual releases of

low-level radioactive waste from the engineered barriers.”

This requirement appears to define a LLW storage facility, not a disposal facility. As

such, this requirement of the California legislation is incompatible with those of NRC

under the Agreement.

We recommend that you address the two comments above concerning the authority provided to

the Department concerning Low Level Radioactive Waste Disposal. California may resolve

these comments through revision or interpretation of State law. NRC will accept interpretations

provided by the State Attorney General, or other attorney designated as legal advisor to the

radioactive materials program. 

If you have any questions regarding the comments, please contact Kathleen Schneider, State

Regulation Review Coordinator at 301-415-2320 (email: kxs@nrc.gov) or William Rautzen at

301-415-7206 (e-mail: wrr@nrc.gov).

Sincerely,

\RA By\

Robert J. Lewis, Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials

and Environmental Management Programs
Gary Butner, Acting Chief -2- August 20, 2007

This requirement appears to define a LLW storage facility, not a disposal facility. As such, this

requirement of the California legislation is incompatible with those of NRC under the

Agreement.

We recommend that you address the two comments above concerning the authority provided

to the Department concerning Low Level Radioactive Waste Disposal. California may resolve

these comments through interpretation of State law. NRC will accept interpretations provided

by the State Attorney General, or other attorney designated as legal advisor to the radioactive

materials program. .

If you have any questions regarding the comments, please contact Kathleen Schneider, State

Regulation Review Coordinator at 301-415-2320 (email: kxs@nrc.gov) or William Rautzen at

301-415-7206 (e-mail: wrr@nrc.gov).

Sincerely,

\RA By\

Robert J. Lewis, Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials

and Environmental Management Programs

DIR RF(7-26) SUNSI Review Complete

DCD (SP03) : Publicly Available G Non-Publicly Available

Linda McLean, RSAO : Non-Sensitive G Sensitive

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